Arvind Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3494 of 2015 Arising Out of PS.Case No. - 1004 Year- 2011 Thana - EAST CHAMPARAN COMPLAINT District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Arvind Singh, S/O Late Ramprasad Singh

2. Meena Devi, W/O Arbind Singh

3. Pappu Singh @ Abhay Kumar Singh @ Abhay Kumar, Son of Late Sri Narayan Singh All are Resident of Village - Eheluaha, P.S.- Rajepur, Distt.- East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-01-2015 Heard both sides.

The petitioners are apprehending their arrest in a case registered under Section 406 and other sections of the Indian Penal Code.

The complainant has alleged that the petitioners took money for executing sale deed with regard to Khata No. 15, Khesra No. 811, measuring an area of 5 Kathas 10 Dhurs. Learned counsel for the petitioners submits that the petitioners are ready to return the money or to execute the sale deed with regard to land of Khata No. 65. Some consideration money is still due.

On the other hand, learned counsel for the

Patna High Court Cr.Misc. No.3494 of 2015 (2) dt.27-01-2015 2/2 complainant submitted that the petitioners took money in their account and even then they are not executing the sale deed. It appears from perusal of the records that the dispute is of civil nature. The petitioners received the money and the same is admitted by the petitioners, but the dispute is with regard to plot which is to be sold.

Having considered the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Tr. No. 2191/2014, arising out of Complaint Case No. 1004/2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T