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Patna High CourtCR. MISC./54339/2018bail granted

Raj Kumar Yadav v. State Of Bihar And ANR

2018-09-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54339 of 2018 Arising Out of PS. Case No.-9 Year-2016 Thana- KHAGARIA COMPALINT CASE DistrictKhagaria ====================================================== Raj Kumar Yadav, son of Mukund Yadav, resident of Village- Hathwarn Tola, Morkahi, P.S. Alouli, District- Khagaria.

... ... Petitioner

Versus

1. The State of Bihar.

2. Ramjapo Yadav son of Late Ganga Yadav, resident of Village- Rampur Alouli, Chharrapatti, P.S. Alouli, District- Khagaria. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 09 (C) of 2016, registered under Sections 420, 467, 468 and 120(B) of the Indian Penal Code. The accusation is that Plot No. 4590 of Khata No. 13 of Mauza Hathwan was purchased by the wife of the complainant on 25.04.1985 and name of his wife was also mutated in the revenue record. On 26.10.2015 accused persons in connivance with each other executed the sale deed in favour of Rekha Devi, wife of the petitioner with intention to capture the said land.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.54339 of 2018(2) dt.28-09-2018 2/2 Rekha Devi, wife of petitioner is bonafide purchaser of the land in dispute from Srawan Kumar Bajaj. Further submission is that Srawan Kumar is vendor of the disputed land, Rekha Devi and Sambhu Yadav have already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 08.05.2018 passed in Criminal Miscellaneous No. 883 of 2018 and on 18.08.2018 passed in Criminal Miscellaneous No. 46186 of 2018, respectively.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Khagaria in connection with Complaint Case No. 09 (C) of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T