Veena Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26375 of 2019 Arising Out of PS. Case No.-769 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VEENA PRASAD Wife of Sri Niwas Prasad, Resident of Mohalla-Ashok Nagar, Changar, Road No.8, P.O-Lohia Nagar, P.S-Kankarbagh, DistrictPatna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arun Pratap Singh Son of Late Mahendra Pratap Singh Resident of VillageBhagwanpur,P.S-Chandi, District-Bhojpur (Ara), At present Resident of Mahuabagh, Dhanaut, Near Mahuabagh Talab, P.S-Rupaspur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.769 of 2016 , registered for offences punishable under Sections 420, 467, 34 of the Indian Penal Code and Section 138 of the N.I.Act.

Prosecution story is that the complainant approached the other accused persons for execution of sale-deed with respect to a piece of land, and on the basis that the petitioner had executed the sale-deed on payment of Rs.26 lac and odd but thereafter the complainant came to know that the land does not belong to the petitioner.

Patna High Court CR. MISC. No.26375 of 2019(3) dt.08-07-2019 2/3 Submission of the learned counsel for the petitioner is that after execution of the sale-deed he was given possession over the land, mutation was also decided and the land was mutated in the name of the complainant and furthermore the complainant with respect to the same land has made an agreement with another persons and thereafter the present case has been filed.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail on the ground that the agreement has been made by the complainant and the mother of the complainant is not party to that and he is one of the accused persons.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sushri Nutan Kumari, J.M. Ist class, Danapur, District Patna in connection with Complaint Case No.769(C ) of 2016, subject to condition as laid

Patna High Court CR. MISC. No.26375 of 2019(3) dt.08-07-2019 3/3 down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T