Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20065 of 2021 Arising Out of PS. Case No.-382 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== 1.

DHARMENDRA KUMAR Son of Krishna Yadav Resident of Village - Satyendra Nagar, P.O. and P.S.- Maner, Distt.- Patna. 2.

Akil Ahmad Son of Late Moizuddin Saida Resident of Village - Rasulpur, P.O. and P.S.- Maner, Distt.- Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Jay shankar Singh Son of Prithvinath Singh Resident of Village - Asha Bhawan, Building no.63, Road No.15, Indrapuri, P.S.- Patliputra, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioners. The same be kept on record.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 406 and 420 of the Indian Penal Code.

The prosecution allegation in short is that the accused

Patna High Court CR. MISC. No.20065 of 2021(2) dt.21-10-2021 2/3 persons executed an agreement and later failed to execute the sale agreement denied the consideration money. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The matter relates to sale and purchase of land and after receiving the consideration amount, sale in respect of the land in question was not executed. The matter relates to civil dispute. By way of supplementary affidavit, a compromise has been brought on record which has been arrived at between the parties.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-XII, Patna in connection with Patliputra P.S. Case No. 382 of 2020, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.20065 of 2021(2) dt.21-10-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T