Jharkhand High Court
Dilip Kumar vs The State Of Jharkhand on 11 December, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6205 of 2019
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Dilip Kumar .... .... .... Petitioner
Versus
1. The State of Jharkhand
2. Anita Kumari .... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Abhishek Kumar Geasen, Advocate
For the State : Mr. Rakesh Ranjan, A.P.P
For the O.P. No.2 : Mr. Shadab Eqbal, Advocate
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Order No.05 Dated- 11.12.2019
Apprehending his arrest in connection with Sadar (Mesra) P.S. Case No.417 of 2018 instituted under Sections 406, 420, 465, 467, 468, 447 & 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard the parties.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the power of attorney holder of the land owner has executed a sale-deed by committing cheating and forgery by mentioning wrong plot number. It is submitted that the allegation against the petitioner is false. It is then submitted that the plot number has rightly been mentioned in the sale deed and in Title Suit No.6851 of 2018 of the Civil Judge, Senior Division, Ranchi, the informant/opposite party No.2 has taken the plea that the said plot number mentioned in the schedule of the sale-deed of the property executed by the petitioner is correct. It is then submitted that the dispute between the parties is basically a civil dispute and there is no allegation of any dishonest intention on the part of the petitioner at the time of execution of the sale-deed. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, 1st Class, Ranchi within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi in connection with Sadar (Mesra) P.S. Case No.417 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/