Ishrabul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86892 of 2019 Arising out of P.S. Case No.-1387 Year-2019 ThanaCOMPLAINT CASE District- Araria =============================================== ISHRABUL Son of Md. Hasan Resident of Village - Taran Tola, Duba, Ward No.-8, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Nasir Son of Late Hanif Resident of Village - Taran, P.S.- Jokihat, District- Araria ... ... Opposite Party/s =============================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s: Mr. Nirmal Kumar Sinha, APP. =============================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1387C of 2019, registered for the offence punishable under Section 420 of the Indian Penal Code. The accusation against the petitioner is that he agreed to purchase 11⁄2 decimals of land from complainant and paid Rs. 25,000/- in advance and assured the complainant that he would pay the rest amount after registration of the deed but he never paid the remaining amount. It is further alleged in the complaint petition that petitioner got executed sale-deed in respect of more
Patna High Court CR. MISC. No.86892 of 2019(2) dt.17-02-2020 2/2 lands than the agreed lands.
Learned counsel appearing for the petitioner submits that the fact of the complaint petition reflects that it is a civil dispute and moreover uptillnow complainant has not filed any civil suit for cancellation of the sale-deed. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail is allowed and it is ordered that petitioner, above named, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Md. Mustafa Shahi, Judicial Magistrate-II, Araria/concerned court in connection with Complaint Case No. 1387C of 2019, subject to conditions as laid down under Section 438 (2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Vikash/- U T