Narendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48275 of 2015 (2) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48275 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Narendra Kumar son of late Jageshwar Yadav resident of Village Ithari, P.S. Singheshwar, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420 and 34 of the Indian Penal Code. The prosecution case, in short, is that the informant has negotiated with one Braj Bhushan Yadav for purchase the homestead land which land is joint property. On 22.10.2013 she paid Rs. One Lac Sixty Seven Thousand to Braj Bhushan Yadav who has executed the registered sale deed in favour of the informant with respect to 16 1⁄2 decimals of land. On 24.10.2013, the husband of the informant told Braj Bhushan Yadav to separate his 16 1⁄2 decimals of land. On 25.10.2013, Narendra Kumar (petitioner) and Anil Kumar executed a sale deed in favour of one Ranjay Kumar with respect to 50 decimals of land but the land of

Patna High Court Cr.Misc. No.48275 of 2015 (2) dt.03-02-2016 the husband of the informant was not separated. Hence, the present case has been instituted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. From a bare perusal of the F.I.R., it appears that the dispute is with respect to sale and purchase of the land. It is at best a case of civil dispute between the parties.

On behalf of the State, it is submitted that the petitioner is named in the first information report.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 50 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sudhir Singh, J) V.P.Sinha/- U