Basanti Devi And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30340 of 2015 (2) dt.06-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30340 of 2015 Arising Out of PS.Case No. -867 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Basanti Devi wife of Suraj Ssingh

2. Arjun Kumar son of Suraj Singh Both resident of village Brahmpur, P.S. Ram Krishna Nagar, District Patna .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 867 (c) of 2013 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioners submits that an agreement was arrived at between the parties for sale and purchase of land and as a consequence thereof, it was agreed that the sale deed would be executed within a period of five days. It is further submitted that the consideration amount was fixed at Rs. 19 lacs. In pursuance of the said agreement, the cheque of Rs. 6 lacs was issued by the purchasers, which could not be encashed as the same was returned for want of funds in the account, in question. No sooner did the cheque become

Patna High Court Cr.Misc. No.30340 of 2015 (2) dt.06-08-2015 dishonoured, than the petitioner sent a legal notice, registering his protest and soon thereafter, the present FIR has been lodged.

Considering that the dispute, in question, is purely of civil nature and admittedly, some transaction has been made between the parties which can well be resolved between the parties, let the petitioner, in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 867 (c) of 2013 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T