Jagat Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27112 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -PALANWA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Jagat Tiwari son of Late Mahadev Tiwari resident of village Mudwa, Police Station - Palanwa, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.

The complainant alleged that the petitioner and his son came to him and they agreed to sell a piece of land of Khata No. 106, Khesra No. 549 measuring three Dhoors on consideration of Rs. 5,00,000/-. Vijay Tiwary, son of the petitioner, took Rs. 4,00,000/- from the complainant to execute the sale deed but later on refused to execute the sale deed. A Panchayati was held and Vijay Tiwary, son of the petitioner, issued a cheque of Rs. 1,00,000/- and agreed to make payment of rest of the consideration amount in installments. It appears that the petitioner did not make any specific allegation against the petitioner nor did

Patna High Court Cr.Misc. No.27112 of 2015 (2) dt.21-07-2015 2/2 he issue any cheque.

Considering the facts aforesaid, the above named petitioner, 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 Shri N.K. Priyadarshi, Judicial Magistrate, 1st Class, Raxaul at Motihari in Palanwa P.S. Case No. 17/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T