Gautam Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21487 of 2015 Arising Out of PS.Case No. -859 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Gautam Sahni son of Mathura Sahni resident of Village- Kolhua Pagambarpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Town P.S.Case No.859 of 2014 registered under Sections 420, 120B and 34 of the Indian Penal Code.

As per FIR, the petitioner and one Manish Srivastava showed the informant a xerox copy of the sale deed of Khata No.221, Khesra No.1605/2114, area 9.1/2 decimal. The informant verified the sale deed and in presence of original landlord, Ram Ishwar Rai, the informant paid entire consideration amount of Rs.7, 60,000/-. Scribe Santosh Singh wrote the sale deed, but in the meanwhile, landlord went ahead for urination but did not return and thereafter the petitioner and Manish Srivastava also took their heels and as such, they cheated the informant. It has been submitted on behalf of the petitioner that the petitioner is ready to deposit Rs.2 lacs within a period of 12 weeks.

Patna High Court Cr.Misc. No.21487 of 2015 (2) dt.09-07-2015 2/2 On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, it is directed that the petitioner shall deposit an amount of Rs.2 lacs in the court below within 12 weeks which shall be released in favour of the informant.

With the aforesaid condition, the petitioner, named above, in the event of his arrest/surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S.Case No.859 of 2014, subject to condition as laid down under section 438(2l of the Cr.P.C.

(Sudhir Singh, J) ahk/- U T