Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5654 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Jitendra Kumar S/O Late Kapildeo Narayan Singh Resident Of VillageKishanpur (Kishunpur), P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Kaushlendra Kumar S/O Late Devendra Ram Resident Of Village- Bakhari, P.S.- Bathnaha, District- Sitamarhi.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 406/420 of the Indian Penal Code.

As per the prosecution case, despite receipt of consideration money from the complainant, petitioner neither executed the sale deed of land in favour of the informant nor returned the money to him.

Learned counsel for the petitioner submits that the petitioner has not taken any amount and the complainant only to put pressure upon the petitioner to register the land in question in his favour, informant has filed the present false case. It is stated in paragraph 3 of the bail petition that the petitioner has

Patna High Court CR. MISC. No.5654 of 2023(2) dt.10-04-2023 2/2 got clean antecedent.

Learned counsel for the State and the complainant oppose the prayer for bail submitting that there is specific allegation against the petitioner in the complaint, which was registered after due enquiry, that despite receipt of consideration money from the complainant, the petitioner neither executed the sale deed of land in favour of the informant nor returned the money to him.

Considering the specific allegation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T