Vayash Mishra @ Vyas Mishra And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.22835 of 2015 (2) dt.09-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22835 of 2015 Arising Out of PS.Case No. -924 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Vayash Mishra @ Vyas Mishra son of Late Brajnandan Mishra
2. Shivpati Devi wife of Vayash Mishra both resident of village- Soli Sirsia, Post - Belsand, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s Mr. Aditya Narayan Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sitamarhi P. S. case no. 924/2014 registered under sections 406 and 420 of the Indian Penal Code.
Admittedly, petitioners executed registered sale deed in favour of the informant in respect of khata no. 193 measuring 3 decimal of land.
It appears that subsequently, some dispute arose and the informant pressurized petitioners to return consideration money and thereafter, petitioners executed an agreement mentioning therein that they would return consideration money to the informant but allegedly, they did not do so. Even if the prosecution story assumed to be true,
Patna High Court Cr.Misc. No.22835 of 2015 (2) dt.09-07-2015 then also, dispute of the parties appears to be of civil nature. Accordingly, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sitamarhi P. S. case no. 924/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T