Shiv Raj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46849 of 2016 Arising Out of Complaint Case No. -1445 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Shiv Raj Kumar, Son of Late Ambika Prasad .... .... Petitioner

Versus

1. The State of Bihar

2. Hazari Lal Rai, Son of Prem Dhar Rai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner has been made accused in a complaint case in which prima facie case has been found under Sections 323, 341, 406, 504 and 506 of the Indian Penal Code but contents of the complaint petition go to show that petitioner and complainant entered into an agreement for sale and in pursuant thereto the petitioner took huge amount from the complainant but refused to execute absolute sale deed.

Submission on behalf of the petitioner is that even if the story as propounded by the complainant assumed to be true, then also, it is a case of civil dispute and petitioner cannot be prosecuted for criminal offences.

Patna High Court Cr.Misc. No.46849 of 2016 (2) dt.26-10-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Raghawendra Narayan Singh, Judicial Magistrate 1st Class, Danapur, Patna in connection with Complaint Case No. 1445 C of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T