Patna High CourtCR. MISC./4456/2017bail granted

Pankaj Kumar Sinha v. The State Of Bihar

2017-02-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4456 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Pankaj Kumar Sinha, Son of Birendra Prasad, Resident of VillageJamalpur, Ward No. 16, Police Station- Gogri, District- Khagaria. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vivek Nand Singh, Advocate Mr. Aarsh Kumar, Advocate For the Opposite Party : Mr. Rajesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Gogri P.S. Case No. 19 of 2016 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner was the property dealer who received amount of Rs. 3,50,000/- from the informant for one katha of land as mentioned in the written report and one agreement was prepared on Non-Judicial Stamp paper that the sale deed will be executed by 31.05.2013 after making payment of the remaining consideration amount which was fixed as Rs. 7,00,000/- but the petitioner did not execute the sale deed. The counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.4456 of 2017 (2) dt.16-02-2017 2/2 informant has civil remedy for his grievance. From the nature of allegation this court finds that civil remedy is available to the informant for his grievance. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gogri P.S. Case No. 19 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Khagaria, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T