Nahid Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26529 of 2019 Arising Out of PS. Case No.-1293 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

NAHID PARVEEN, Wife of Md. Sajjad Hussain, Resident of Village - Bara Sumera, P.S. Kurahi, District- Muzaffarpur 2.

Md. Sajjad Hussain, Son of Late Md. Mojibur Rahman, Resident of Village - Bara Sumera, P.S. Kurahi, District- Muzaffarpur ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sunil Kumar, Son of Sri Shankar Prasad Sah, Resident of MohallaAghroriya Bazar, Near City Public School, P.S.- Kazi Mohammadpur, District- Muzaffarpur at present resident of Mohalla- Jugeshpuri Colony, P.S.- Mithanpura, District- Muzaffarpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Kumar Veerendra Narayan For O.P. No.2 : Mr. Sunil Kumar Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 1293 of 2017, corresponding to Trial No. 2745 of 2018, in which cognizance has been taken under Section 420 of the Indian Penal Code.

The complaint petition disclosed the allegation that petitioners have taken Rs.1,25,000/- as consideration money for selling of three decimals of

Patna High Court CR. MISC. No.26529 of 2019(4) dt.08-07-2019 2/3 land to the complainant. However, they have neither executed sale deed nor returned the money though a legal notice has been given to the petitioners. Submission of learned counsel for the petitioners is that though they have already returned the amount but the same has not been accepted by the complainant, as such they are ready to pay the said amount to the complainant if some reasonable time is granted to them.

Heard learned APP and learned counsel for the complainant and they have no objection to the prayer made by the petitioners.

In view of above facts and circumstances, let petitioners surrender before the court below by 29.7.2019 with a Bank Draft of Rs.50,000/- payable to the complainant and on such deposit they shall be released on provisional bail for a period of three months and during that period they will deposit rest of the amount of Rs.75,000/- in three equal instalment by way of Bank Draft, each of Rs.25,000/-, payable to the

Patna High Court CR. MISC. No.26529 of 2019(4) dt.08-07-2019 3/3 complainant in first week of each month. Once the total amount is deposited the court below shall confirm the bail bonds of the petitioners and if an application is filed by the complainant opposite party No.2 for release of the amount, the court below shall release the same in favour of the complainant on filing an undertaking by opposite party No.2 that he will abide by the final outcome of the case.

With the above observation, this application is disposed of.

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