Patna High Court - Orders
Satyendra Kumar Gupta @ Sarvendra Pd. ... vs The State Of Bihar on 2 May, 2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19730 of 2014
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Satyendra Kumar Gupta @ Sarvendra Pd. Gupta @ Satyendra Kumar
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Smt. Anuradha Singh.
For the Opposite Party/s : Mr. Ashok Kumar
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMARJHA
ORAL ORDER
2 02-05-2014Heard both sides.
The petitioner is apprehending his arrest in Samstipur Town P.S. Case No. 272/2013 for the offences allegedly committed under sections 467, 468, 471, 406 and 120B of the I.P.C.
Learned counsel for the petitioner submits that in fact the petitioner is executed sale deed in favour of the informant and there is boundary dispute. The petitioner owns 315 decimals of land, out of which the father of the petitioner had sold only 11 kathas of land to one Israt Jahan in the year, 1990. The petitioner still got 272 decimals of land, out of which the petitioner executed sale deed in favour of the wife of the informant. The dispute is of Civil nature. Hence, the petitioner be enlarged on anticipatory bail.
Learned Additional P.P. opposes the prayer of anticipatory bail and submitted that it appears that the petitioner Patna High Court Cr.Misc. No.19730 of 2014 (2) dt.02-05-2014 2/3 appears to be habitual offender and from before the case bearing Samastipur (Muffasil) P.S.Case No. 334/2011 is pending.
Perused the F.I.R. The informant filed complaint case on the basis of the present F.I.R. The informant alleged that the petitioner purchased 9 kathas and 16 dhurs land in plot No. 546, Khesra 166 in the name of his wife from the petitioner but later on, it transpired that the father of the petitioner sold 11 kathas land to one Israt Jahan in the year, 1990. It appears that the petitioner owns 315 decimals of land out of which only 11 kathas of land was sold to Israt Jahan by the father of the petitioner. With regard to another case, the petitioner has stated that case was lodged by his cousion and Partition Suit No. 147/2010 is pending.
Considering the facts, I find petitioner deserves anticipatory bail and accordingly, his prayer for anticipatory bail is allowed.
Let the petitioner Satyendra Kumar Gupta @ sarvendra Prsasad Gupta @ Satyendra Kumar be released on bail, in the event of arrest of surrender before the learned Court below within four weeks from the date of receipt/production of the order on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in Samastipur Town P.S.Case No. Patna High Court Cr.Misc. No.19730 of 2014 (2) dt.02-05-2014 3/3 272/2013, subject to the conditions as laid down under Section 438 (2) Cr. P. C. (Prabhat KumarJha, J) Sudha/-