Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16215 of 2017 Arising Out of PS.Case No. -598 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Sanjay Kumar, son of Ramnandan Bhandari, Resident of Village- Chakgaji, P.s.- Ahiyapur, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shankar Pathak, son of Late Batahu Pathak, Resident of VillagePaigambarpur Kolhua, Chanakyapuri, P.S.- Ahiyapur, DistrictMuzaffarpur. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 598 of 2010 for the offence allegedly committed by the petitioner under Section 420 of the Indian Penal Code. The complainant alleged that the petitioner and his father executed a deed for agreement to sell a piece of land and took money from the complainant in the year 2007. The petitioner executed the sale deed with regard to 4 kathas of land and for the rest of money, the petitioner refused to execute the sale deed.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.16215 of 2017 (4) dt.19-05-2017 2/2 deed for agreement was executed in the year 2007 and the petitioner executed the sale deed in favour of the complainant in the year 2009. There is no material against the petitioner. False and frivolous allegations have been levelled against the petitioner. The petitioner has got no criminal antecedent. Considering the nature of allegations made against the petitioner and that the dispute is of civil nature, 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 the learned Chief Judicial Magistrate, Muzaffarpur in Complaint Case No. 598 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T