Milindra Kumar Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38494 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Milindra Kumar Jha Son of late Uday Kant Jha

2. Ajit Kumar Jha Son of late Uday Kant Jha

3. Chhotu Jha@Chitranjan Jha Son of late Uma Kant Jha All are resident of Sirniya, P.s Gogri, District Khagaria.

4. Jawahar Singh son of Sahdeo singh resident of Badiya, Prabha Auto Agency ,P.s Maheshkhunt,District Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2015 Heard the learned counsel for the petitioners, the learned counsel for the opposite party No.2 and the learned Additional Public Prosecutor.

The petitioners apprehend their arrest in a case under Section 420/34 of the Indian Penal Code.

The informant alleged that petitioner No.1, Milindra Kumar Jha, took Rs. 3 lac from him for selling land to him but he did not execute the sale deed. It is alleged that petitioners have taken money from different persons on the pretext of executing sale deed but no paper has been filed showing any deed of agreement to sale and it is a case of non performance of agreement

Patna High Court Cr.Misc. No.38494 of 2015 (3) dt.30-11-2015 2/2 to sale and the dispute appears to be civil in nature. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their 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, are 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 Sri Ankur Gupta, learned Judicial Magistrate, 1st class, Khagaria in Gogri P.S. Case No. 39 of 2015, G.R. No. 285 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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