Dharamnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44351 of 2015 Arising Out of PS.Case No. -315 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Dharamnath Prasad, son of Sri Suresh Ram @ Suresh Paswan resident of 291 Defence Colony, P.S. Kankarbagh, District- Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv. For the Opposite Party/s : Ms. Pushpa Sinha - 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2015 Heard both sides.

The petitioner seeks bail in Kankarbagh P.S. Case No. 315/2015, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The informant alleged that the petitioner introduced one Sakuntala Devi as owner of flat no. 294 of Defence Colony, Kankarbagh who is willing to sell the flat at Rs. 12 lacs. The informant paid Rs. 5 lacs to Sakuntala Devi on 06.01.2015 in presence of the petitioner as advance. The informant further paid Rs. 2 lacs.

It is submitted that the informant later on came to know that the petitioner is in custody in connection with Kankarbagh P.S. Case No. 140/2015 and then she came to know that Sakuntala

Patna High Court Cr.Misc. No.44351 of 2015 (2) dt.23-09-2015 2/2 Devi is not the real owner of the flat.

It is further submitted that on perusal of record, it appears that the petitioner is only a witness of the deed of agreement for sale executed between the informant and Sakuntala Devi and the petitioner did not receive any money from the informant. He has already remained in jail for three months.

Learned counsel for the informant, however, vehemently opposed the prayer for bail and submitted that the petitioner is in the habit of cheating.

Considering the facts aforesaid, the petitioner above named is directed to 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 Ms. Kshiprachala Anjalee, Judicial Magistrate 1st Class, Patna, in connection with Kankarbagh P.S. Case No. 315/2015.

(Prabhat Kumar Jha, J.) Rakhi/- U T