Manbodh Yadav @ Manbodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14852 of 2021 Arising Out of PS. Case No.-745 Year-2019 Thana- DANAPUR District- Patna ====================================================== MANBODH YADAV @ MANBODH KUMAR S/o Mangal Rai Resident of nasariganj Near Sant Domnik School, P.S.- Danapur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-04-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner as well as learned counsel for the complainant through video conferencing. The State is represented by Mr. Shailendra Kumar, learned APP.
The petitioner apprehends his arrest for the
2/4 offences alleged under Sections 323, 504, 420, 406 and 120B of the Indian Penal Code, registered in connection with Danapur P. S. Case No. 745 of 2019.
The present F.I.R. has been lodged on the basis of a complaint petition lodged by the complainant, Kumari Amrita. As per the allegation, she entered into an agreement with the petitioner for purchase of 1.125 decimals of land appertaining to Khata No. 619, Plot No. 796, Thana No. 21, measuring 7 Dhur. The consideration money was fixed as Rs. 8,75,000/-. All the consideration money was paid to the petitioner and Mr. Ashok Kumar who was his partner. Later on, the complainant came to know that the sale-deed was executed for a different piece of land other than the contracted one.
At the very outset, the learned advocate for the petitioner has submitted that he is ready to refund the entire amount taken by him as consideration money, but the complainant should return the aforesaid land, to which the learned counsel for the complainant became ready. Considering the above facts and circumstances, let
3/4 the petitioner above-named, in the event of his arrest or surrender within a period of four weeks from the date of communication of this order, 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 learned A.C.J.M., Danapur, Patna, in connection with Danapur P. S. Case No. 745 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner shall return the entire money within a period of three months and the complainant shall execute the sale-deed of the above-noted land in favour of the petitioner within a week of receiving of the money. If the petitioner fails to pay the entire money, the learned court below may cancel his bail-bonds. Similarly, if after receiving the money, the complainant fails to execute a sale-deed in favour of the petitioner, he may lodge a criminal case against her.
The application stands allowed, accordingly.
Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided in para
4/4 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) skm/- U