Binod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43395 of 2015 Arising out of PS.Case No. -196 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Binod Kumar Singh, Son of Late Haridwar Singh, resident of Baradhikala, P.S. Dinara, District Rohtas, Bihar at present residing at Kamranganj, Mor. P.S Indrapuri, District Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Surendra Kr. Singh, Advocate. For the informant : Mr. Bhaskar Shankar, Advocate. For the State : Mr. Manish Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Dehri (Indrapuri) P.S. Case No. 196 of 2015 for the offences instituted under Sections 406, 420 and 120(B) of the IPC. The prosecution story, in brief, is that there was an agreement between the parties to sell a house situated at villageKatar and during this course, the informant paid huge amount as advance on different dates and the Deed of Agreement was
Patna High Court Cr.Misc. No.43395 of 2015 (4) dt.17-03-2016 2/3 executed. The informant learnt that a loan of Rs. 10,00,000/- had been taken on that house, after that accused persons refused to sell aforesaid house to her and grabbed Rs. 7,80,000/-. It has been submitted on behalf of the petitioner that the petitioner is ready to hand over a cheque for an amount of Rs. 2,00,000/- to the learned counsel for the informant in the Court. The said cheque has been accepted by the learned counsel for the informant. The balance amount of Rs. 3,30,000/- will be paid by the petitioner within a period of six weeks.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on provisional anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Dehri (Indrapuri) P.S. Case No. 196/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the direction that the petitioner shall deposit balance amount of Rs. 3,30,000/- in the court below within a period of six weeks. The said amount shall be released by the court below in favour of the informant. After the payment being made by the petitioner, the
Patna High Court Cr.Misc. No.43395 of 2015 (4) dt.17-03-2016 3/3 provisional bail granted to the petitioner shall be confirmed by the court below itself.
(Sudhir Singh, J) U.K./- U T