Juned Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82224 of 2023 Arising Out of PS. Case No.-862 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== JUNED ALAM SON OF HAJI MD. HAFIZUDDIN RESIDENT OF VILLAGE AND P.S.- DAGARUA, DISTRICT- PURNEA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SAHUDA PERWEEN WIFE OF MD. MOIZ RESIDENT OF VILLAGE - DAGARUA, P.S. - DAGARUA, DISTRICT - PURNEA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rashid Alam For the Opposite Party/s :
Mr.Raj Ballabh Singh Mr.Md. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 406, 420, 467, 468, 379, 384, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, co-accused persons in connivance with this petitioner executed a sale-deed in favour of the informant after taking entire consideration money of the alleged land by concealing the fact that this petitioner has already taken a loan from the bank for the said land. It is further alleged that informant deposited Rs. 1,44,000/- in the DRT Office and stayed the auction proceeding by the bank and
Patna High Court CR. MISC. No.82224 of 2023(3) dt.03-07-2024 2/3 thereafter, husband of informant requested the accused persons to deposit the bank loan, which petitioner had taken from bank, and also refund the aforesaid deposited money (i.e. Rs. 1,44,000/-), but the accused persons including this petitioner abused and assaulted him and also demanded Rs. 5,00,000/-, as Rangdari from him and snatched Rs. 50,000/- from the pocket of husband of informant.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to enmity and dirty village politics. The aforesaid land was sold by this petitioner to co-accused Zeenat Parwin and co-accused Zeenat Parwin sold the said land to informant and after deduction of land amount of Rs. 5 lacs, petitioner received the money from co-accused Zeenat Parwin and Mahboob Alam, but they did not deposit the said loan amount to the bank and sold the land to the informant and as such, petitioner is not liable for the same.
5. However, learned A.P.P. for the State and learned counsel for the opposite party no. 2 vehemently opposed the prayer for anticipatory bail and submitted that this petitioner alongwith other co-accused persons not only cheated the informant but also assaulted the husband of informant. Besides this, petitioner has got criminal antecedents.
Patna High Court CR. MISC. No.82224 of 2023(3) dt.03-07-2024 3/3
6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay/- U T