Uma Shankar Rai v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8218 of 2019 Arising Out of PS. Case No.-553 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Uma Shankar Rai Son of Late Chandrika Rai Resident of Village - Kushahan, Police Station - Sirdalla, District - Nawada ... ... Petitioner/s
Versus
1. The State of Bihar
2. Munni Devi Wife of Sri Parmanand Ram Resident of Village - Barsot ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Maharaj For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 553 of 2016, disclosing offences under Section 420 of the Indian Penal Code.
Allegation as per complaint petition is that informant got a sale deed executed from the petitioner after paying consideration amount of Rs. 1,50,000/- but later on when she went to Anchal Office, she came to know that after new survey, the said land has been entered in new Khatiyan of Bihar Government and when the informant went to the petitioner to get her money back, he refused to pay the same. Submission of learned counsel for the petitioner is that after execution of sale deed, it was mutated in the name of Bihar Government, for which, he has already filed a title suit
Patna High Court Cr.Misc. No.8218 of 2019(2) dt.13-02-2019 2/2 being Title Suit No. 209 of 2017 and moreover, the dispute is purely civil in nature.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Nawada, in connection with Complaint Case No. 553 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T