Patlu Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3138 of 2016 Arising Out of PS.Case No. -2139 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Patlu Yadav son of Late Raghunath Yadav R/o Village- Lallu Ka Dera, P.S.- Shahpur, District- Bhojpur, at present R/o Mohalla- B.M.P. Camp No.5, P.S.- Hawai Adda, Distt- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Smt Sarswati Devi W/o Ram Suresh Yadav R/o Village- Bari Mainijor, P.s.- Chhotki Nainijor, Distt- Buxar. at present Q.N. 49, New Police Line, P.S.- Budha Colony, Distt- Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Singh For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a Complaint Case registered for the offences punishable under Sections 420/406 of the Indian Penal Code and Section 138 of the N.I. Act.
From a bare perusal of the complaint petition, it appears that there was transaction between the parties for the sale and purchase of land which did not materialized. As such, at best it can be a dispute of civil nature and can be settled in a Court of competent jurisdiction.
Patna High Court Cr.Misc. No.3138 of 2016 (2) dt.11-04-2016 P2/2 In view of the nature of allegations made and the facts and circumstances as detailed in the complaint petition, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 2139-C/2012 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. It is made clear that the petitioner shall at all material times be present in the Court below for speedy disposal of trial. (Anjana Mishra, J) Saif/- U T