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2023 DIGILAW 930 (JHR)

Niranjan Kumar Jha v. State of Jharkhand

2023-07-25

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending his arrest in connection with C.P. Case No. 800 of 2018 instituted under Sections 420/471/323/506/504/406/120B of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. 3. As per complaint petition the allegation is that one Md. Kalim Ansari introduced the complainant to the petitioner and they agreed for sale and purchase of land situated at Mouza – Panderpala, Khata No. 4, Plot No. 369 and total 7.92 decimal. The complainant purchased the land from the petitioner vide registered sale deed no. 5613/4924 dated 09.07.2014. It is alleged that complainant paid Rs. 675,000/- as consideration value also incurred additional cost of Rs. 1,50,000/- for construction of boundary wall. It is alleged that when the complainant applied for mutation vide Mutation Case No. 623 of 2017-18 and the same was rejected by Revenue Officer. It is alleged that after the rejection of mutation and on demand of money back, the complainant was misbehaved by the petitioner. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis of suspicion. It is further submitted that the mutation of disputed land has been ordered in favour of the complainant vide Mutation No. 3161 (I)/2016-17 which has been endorsed by the Circle Officer, Dhanbad and the same has been annexed in this bail application as Annexure – 2. It is further submitted that the petitioner has admitted that he has sold the landed property to the complainant vide registered sale deed and there was no defect in the title of the petitioner and the tile of the said landed property has been transferred to the complainant. Petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State as well as learned counsel appearing for the opposite party no. 2 have opposed the prayer for anticipatory bail of the petitioner. 6. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State as well as learned counsel appearing for the opposite party no. 2 have opposed the prayer for anticipatory bail of the petitioner. 6. It appears that the mutation of the land of the complainant was rejected in Mutation Case No. 623 of 2017-18 by Revenue Officer, but on pursuing the records it is found that the mutation was ordered by the Circle Officer, Dhanbad vide Mutation No. 3161(I)/2016-17. 7. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned JM, Dhanbad in connection with C.P. Case No. 800 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.