Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82923 of 2023 Arising Out of PS. Case No.-430 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NIRANJAN KUMAR SON OF SIYARAM SINGH R/O VILLAGE- FEK BGHA, P.S.- ARWAL, DIST.- ARWAL ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SMT. ASHA DEVI WIFE OF SHREE RAMADHAR SINGH R/O VILLAGE- RUKANPURA, P.S.- HAWAI ADDA, DIST.- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a complaint case punishable for the offences under Sections 323, 420, 504, 120B, 34 of the Indian Penal Code.

3. The allegation against petitioner is that he, in connivance with Anjali Devi who happens to be daughter-in-law of complainant, sold the land of complainant on a consideration amount of Rs. 12 lacs and daughter-in-law of complainant kept the entire money with her. It is further alleged that daughter-inlaw of complainant also lodged a case under Section 498A of the Indian Penal Code against complainant and others only with a view to grab the entire property of complainant.

Patna High Court CR. MISC. No.82923 of 2023(5) dt.03-07-2024 2/2

4. Learned counsel for the petitioner submits that from bare perusal of complaint petition, it appears that specific allegation of cheating money is against Anjali Devi. So far as this petitioner is concerned, he has been made accused only because he is brother of co-accused Anjali Devi. Petitioner is not the beneficiary of the entire transaction, since in the complaint petition itself, the complainant / O.P.No.2 has stated that entire amount has been kept by her daughter-in-law Anjali Devi. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Complaint Case No. 430(c) of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T