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Judgment
6 paragraphs · 321 wordsIn view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today. They have no complaint in respect to the audio and video clarity and quality.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.330/17, for the offence registered Under Sections 323,406,420,504/34 of the Indian Penal Code.
Heard the learned Counsel for the petitioner and the learned Counsel for the State.
Learned Counsel for the petitioner submits that the petitioner is totally innocent and has not committed any offence. The petitioner neither involved nor interested in selling the complainant's land. The complainant herself sold her land in Mouza-Lal Bathani, Makhmalpur, J.B.No.457, total area 30-00-00 dhur to Md. Saifuddin and his mother Sojenur Bibi. The petitioner and his father are co-sharer and the petitioner possessed the actual land. The complainant herself sold some part of land with another person. The petitioner's father died earlier thus there was no question to sell and purchase the complainant's land. Hence the petitioner may be given the privilege of anticipatory bail.
Learned Counsel for the State opposed the prayer for grant of anticipatory bail.
Considering the facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender before the learned court below within a period of four weeks from the date of this order, the petitioner, named above, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Sahibganj in connection with Complaint Case No. 330 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.