Munna Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21493 of 2016 Arising Out of PS.Case No. -1037 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Munna Mahto S/o Late Rambrishka Mahto R/o Moll Addrash Nagar, P.S. Keshariya Dist.- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Juman Mian, S/o Sakil Mian, R/o Addarsh Nagar, Keshariya, P.s.- Keshariya Distt.- East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Complain Case No. C-1037 of 2014, Tr. No. 4775/2015, disclosing offences under Section 420 of the Indian Penal Code. The allegation against the petitioner is that he did not execute sale deed in favour of the complainant despite having agreed to do so, after accepting part consideration money. Learned counsel appearing on behalf of the petitioner has submitted that this is apparent civil dispute between the parties which has been given colour of criminal liability.

Patna High Court Cr.Misc. No.21493 of 2016 (6) dt.24-10-2016 2/2 Considering the nature of accusation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Complain Case No. 1037 of 2014, Tr. No. 4775/2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T