Tribeni Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5694 of 2017 Arising Out of PS.Case No. -546 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Tribeni Rai, Son of Late Jandhari Rai, Resident of Village-Madhopur, P.O.- Susta, P.S.-Maniyari, District -Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar
2. Raja Roy S/o Shree Jay Narayan Rai Resident of Village-Madhopur P.O. Susta P.S. Maniyari District Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Mani Bhushan Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Section 406 of the Indian Penal Code. Allegation in brief is that the petitioner in advance had taken Rs.60,000/- from the complainant for selling a piece of land but has not executed the sale deed.
It is submitted that there is no agreement of sale in between the complainant and the accused and there is no proof of making payment in cash; both are co-villagers and the petitioner has got no criminal antecedent; rather the allegation was made to put pressure on the petitioner to sell his land to the complainant. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of
Patna High Court Cr.Misc. No.5694 of 2017 (2) dt.08-02-2017 2/2 receipt of this order to the concerned court, let the petitioner, namely, Tribeni Rai be released 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 Sunil Kumar Tripathi, Judicial Magistrate Ist Class, Muzaffarpur in connection with Complaint Case No.546 of 2013, Tr. No.4349 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arun Kumar, J) N.H./- U T