Dhananjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7768 of 2023 Arising Out of PS. Case No.-5319 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dhananjay Kumar Singh, Son of Rameshwar Prasad Singh @ Rameshwar Sinha, R/o Saguna More, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reena Singh, Wife of Shiv Kumar, R/o Flat No. 403, Sinheshwar Place, Road No. 2 B, Rajendra Nagar, P.S.- Kadamkuan, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Jha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code.

It is alleged that despite receiving the consideration money, neither this petitioner transferred the land in favour of the complainant nor did he return the remaining amount of Rs. 20 lacs to the complainant.

Learned counsel appearing for the petitioner submits that petitioner is a relative of the complainant and as such on 25.01.2022 petitioner returned Rs. 8 lacs and on 05.02.2022 Rs.

Patna High Court CR. MISC. No.7768 of 2023(4) dt.20-06-2023 2/2 7 lacs in cash to the complainant and her husband at her residence and thus, petitioner has already paid an amount of Rs. 15 lacs in two installments and rest of the amount of Rs. 5 lacs was refunded by the petitioner on 19.06.2023 through cheque in the account of the complainant.

However, learned counsel for the complainant opposes the bail application and submits that petitioner has not paid the entire amount.

Considering the materials available on record and the fact that petitioner has already refunded most of the amount as alleged by the complainant, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 5319 (C) of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T