Anand Uraon @ Anand Kumar Uraon v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74770 of 2018 Arising Out of PS. Case No.-399 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Anand Uraon @ Anand Kumar Uraon S/o Shiva Uraon, resident of VillageDasharathapur, P.S.- Laukaria, District- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Gunwa Devi, W/o Umesh Uraon, R/o Bharwalia, P.S. Semara, District- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Learned counsel for the petitioner is permitted to make correction in paragraph 1 of the application. Heard learned counsel for the petitioner and learned APP representing the State.
Petitioner is seeking anticipatory bail in connection with Tr. No.3756/2018 (arising out of Complaint Case No.C399 of 2018) registered for the offences punishable under Section 420 and 406 of the Indian Penal Code. As per the First Information Report, allegation against the petitioner is that he had taken Rs.1,50,000/- as advance from the complainanat for purchasing a piece of land in her favour, but later on neither he has given the land nor has returned the
Patna High Court Cr.Misc. No.74770 of 2018(2) dt.20-12-2018 2/3 said money.
Learned counsel for the petitioner submits that this petitioner happens to be Devar in relation to the complainant. The allegation in the complaint petition is that the complainant had given a sum of Rs.1,50,000/- to the petitioner as advance for purchase of a piece of land on the promise that he will get the deed of the land executed within ten days. The agreed price is said to be Rs.5,00,000/-. Learned counsel submits that after filing of the complaint petition cognizance has been taken by the learned Magistrat even though there is no evidence at all. At this stage, learned counsel representing the complainant has appeared and opposed the prayer for anticipatory bail on the ground that in fact this petitioner had received Rs.1,50,000/- which he is now not refunding. Admittedly, the money has not been transacted to any account. Learned APP for the State is also present.
In the given facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned A.C.J.M.-IInd, Bettiah, West Champaran in
Patna High Court Cr.Misc. No.74770 of 2018(2) dt.20-12-2018 3/3 connection with Tr.No.3756/2018 (arising out of Complaint Case No.399/2018), subject to the condition under Section 438(2) of the Cr.P.C.
(Rajeev Ranjan Prasad, J) arvind/- U T