Parshuram Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34362 of 2018 Arising Out of.Case No. -1581 Year- 2016 -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Parshuram Thakur, Son of Late Bishun Thakur, Resident of VillageChuhari, Police Station- Chanpatiya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangeeta Devi, Wife of Lalan Thakur, Resident of Village- Gurwalia, Police Station- Manuapul, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 1581 (C) of 2016 for the offences punishable under Sections 406, 417 and 468 of the Indian Penal Code. The complainant alleged that the accused person happens to be her relative and he persuaded her to purchase a peace of land. The petitioner executed sale deed of eight katha lands after receiving Rs. 11 lakhs but on measurement the land was found to be only 3 katha 15 dhur.

The learned counsel for the petitioner submits that the petitioner has executed sale deed but he never assured to execute sale deed of another land. The allegation is false and concocted as it does not believable that the complainant without

Patna High Court Cr.Misc. No.34362 of 2018 (2) dt.29-06-2018 2/2 getting the land measured paid the consideration money. On the other hand, the learned counsel for the complainant vehemently opposed the prayer for anticipatory bail. It appears that the complainant and the petitioner are relatives and they had talk for sale and purchase of the land but some dispute arose due to area of land purchased by the complainant and for excess payment of consideration money. The dispute appears to be civil in nature.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his 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 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Kumar, the learned Judicial Magistrate, Ist class, Bettiah, West Champaran, in connection with Complaint case No. 1581 (C) of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/Rajan U T