Patna High CourtCR. MISC./11419/2019disposed

Chunchun Ram v. The State Of Bihar

2019-08-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11419 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- DHARHARA District- Munger ====================================================== Chunchun Ram, Son of Late Baso Ram, Resident of Village - Itwa, P.S.- Dharhara, District- Munger ... ... Petitioner/s

Versus

1. The State of Bihar

2. Neetu Devi wife of Shambhu Mandal, R/o Village Itwa P.S. Dharhara, District Munger.

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 This is an application for grant of anticipatory bail in connection with Darhara P.S. Case No. 132 of 2018, disclosing offences under Sections 406, 420, 341, 323, 504, 506, 34 of the Indian Penal Code.

Prosecution story is that informant has got a Bainama executed by the petitioner on payment of Rs.2,00,000/- and thereafter, when she approached for execution of the sale deed, he flatly refused to execute the sale deed and also assaulted her. Submission of the learned counsel for the petitioner is that the agreement was for sale of land of Rs.8,00,000/-, out of which, Rs.2,00,000/- has been paid to the petitioner as an advance. As total money has not been paid to the petitioner, as such, sale deed was not executed by the petitioner. However, the copy of agreement which has been filed along with

Patna High Court CR. MISC. No.11419 of 2019(6) dt.06-08-2019 2/2 supplementary affidavit also disclosed that petitioner was given Rs.2,00,000/- as advance for execution of the sale deed. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below and make prayer for regular bail and if the petitioner is ready to pay the aforesaid amount of Rs.2,00,000/- to the informant on some installments, the learned court below shall consider the same while passing the order on his bail application.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T