Sanjay Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43966 of 2018 Arising Out of PS.Case No. -299 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== Sanjay Kumar, Son of Umesh Prasad Shah, R/o Mohalla-Lallu Pokhar, P.S.-Kashim Bazar, District-Munger.
.... .... Petitioner/s
Versus
1. State of Bihar.
2. Shila Devi, Wife of Yugul Kishore Mahto, Mohalla-Lallu Pokhar Argara, P.S.-Kashim Bazaar District-Munger.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Adv For the Opposite Party/s : Mr. Sri Atul Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 417, 420, 464, 120(B)/34 of the Indian Penal Code.
The complainant had purchased a house in the Munger Town from the petitioner for Rs. One Lac. Subsequently, it revealed that the said house was mortgaged with the Bank. This fact came to the notice of complainant only after notice by the Bank for re-payment of loan, then complainant found himself cheated. The law is well settled that the complainant was also required to enquire prima facie encumbrance on the property which he was going to purchase and if there would have been any suppression after
Patna High Court Cr.Misc. No.43966 of 2018 (2) dt.20-07-2018 2/2 preliminary enquiry, the matter would have been different. Contention of the petitioner is that knowing well about the encumbrance, the complainant purchased the house only for Rs. One Lac otherwise in towns like Munger, no property alongwith house is of value of Rs. One Lac. Learned counsel for the informant opposed the prayer for bail.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kotwali Police Station Case No.299 of 2016, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T