Ambudheesh Parasar @ Abudhish Prasar @ Ambudheesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12654 of 2020 Arising Out of PS. Case No.-531 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Ambudheesh Parasar @ Abudhish Prasar @ Ambudheesh S/o Late Ambika Dutta Jha R/o 105- A, Ranjan Palace Magistrate Colony Aashiyana Digha Road, P.S.- Digha, Patna 800014 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kant Jha S/o Abhay Kant Jha R/o Saurath, P.S.- Rahika Dist. Madhubani.

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

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Tr. No. 777 of 2019 arising out of C.R. Case No. 531 of 2019 for the offence under section 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Allegation against this petitioner is that he took money from the complainant for treatment of his father and assured the complainant to give land by executing registered sale deed. There is remedy under common law for specific

Patna High Court CR. MISC. No.12654 of 2020(2) dt.06-03-2020 2/2 performance of the contract. The present case has been designed to pressurize the petitioner.

Considering the fact the petitioner has not executed the sale deed in terms of understanding between the parties and the fact that petitioner has no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below 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 bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Madhubani, in connection with Tr. No. 777 of 2019 arising out of C.R. Case No. 531 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

Grant of bail to the petitioner will not cause any prejudice to either parties in the matter of filing suit for specific performance of the contract.

(Anil Kumar Upadhyay, J) Ravi/- U T