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Patna High CourtCR. MISC./28633/2017bail granted

Kumar Kishor Kaushal And ANR v. State Of Bihar And ANR

2017-09-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28633 of 2017 Arising Out of PS.Case No. -367 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Kumar Kishor Kaushal, Son of Birendra Prasad Yadav,

2. Kumari Kanchan Bharti, Wife of Kumar Kishor Kaushal, Both are resident of Village- Tiri, P.S.- Saur Bazar, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandeshekhar Son of Late Kari Singh, resident of VillageMadhuwan, P.S. & District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Compliant Case No. 367 of 2015, registered under Sections 420, 406 and 504 of the Indian Penal Code and Section 138 of the N.I. Act. The accusation is that the complainant negotiated to sale his land with the petitioner on payment of consideration amount of Rs. 80,00,000/- as the complainant/O.P. No.2 was in need of money for marriage of his daughter. The petitioner handed over a cheque of Rs. 4,50,000/- and also cash of Rs. 50,000/- to the complainant, but when the cheque was presented for encashment, the same was bounced due to insufficient amount.

Patna High Court Cr.Misc. No.28633 of 2017 (4) dt.13-09-2017 2/2 Learned counsel for the petitioners submits that, in fact, negotiation was made for purchasing of particular land, but that land was already sold to one Dilip Yadav by the Complainant-O.P No.2. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-VI, Madhepura in connection with Compliant Case No. 367 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T