Patna High CourtCR. MISC./40624/2015bail granted

Krishna Kumar Singh And ANR. v. State Of Bihar And ANR

2015-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40624 of 2015 Arising Out of PS.Case No. -318 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Krishna Kumar Singh Son of Late Bijendra Prasad Singh

2. Janaki Devi @ Janaki Kumari wife of Krishna Kumar Singh Both residents of Village Golama, O.P. Patarghat, Police Station Sour Bazar, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarvesh Bharti S/o - Ranjan Prasad Gupta R/o Village - Golma, O.P. - Patarghat, P.S. - Sour Bazar, Dist - Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

Petitioners apprehend arrest in a case registered for the offences punishable under sections 420, 406, 323 of the Indian Penal Code.

The complainant alleged that the petitioners entered into an agreement to sell 4 decimals of land of Khesra No. 8555 Khata No. 843. Complainant gave money to the petitioners on 25.04.2012 with assurance that the petitioners would execute the sale deed but the petitioners did not execute the sale deed. It appears on the face of allegation that the dispute is of civil nature and it is a case of breach of agreement to sale.

Patna High Court Cr.Misc. No.40624 of 2015 (2) dt.05-10-2015 Considering the facts aforesaid, the petitioners above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S. Das, Judicial Magistrate,1st Class, Saharsa in connection with Complaint Case No. 318 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U