Uma Shankar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48071 of 2017 Arising Out of PS.Case No. -37 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Uma Shankar Mishra, S/o Late Kamod Mishra, Resident of MohallaMadhuban Chhabni Chowk, P.S.-Motihari Town, District-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 37 of 2014, registered under Section 387, 504 and 506/34 of the Indian Penal Code. The accusation is that informant, Krishna Kumar, who used to run shop in the name of M/S Rambhawan Ram Jamuna Prasad purchased 6 katha land at Madhubani Chahawani Chowk to petitioner, holding the power of attorney of Chitranjan Mukherjee, on payment of consideration amount. Later on, the informant came to know that Chitranjan Mukherjee has cancelled the power of attorney executed in favour of petitioner. Thereafter, he purchased

2 katha land to Chitranjan Mukherjee in the name of his wife and son and took possession over the land. Thereafter, petitioner and his son, Lalit Narain Mishra demanded Rs.30,00,000/- as commission. On 27.01.2014, when the informant along with his family members reached at his plot then Lalit Narain Mishra, son of the petitioner, started to abuse and made demand of Rs.30,00,000/- and threatened him to face the dire onsequences. Learned counsel for the petitioner submits that, in fact, Chitranjan Mukherjee, executed the power of attorney in favour of the petitioner regarding his land, on which basis, petitioner sold the land to several persons including the two kathas land, which is said to be purchased by the informant in the name of his wife and son to Chitranjan Mukherjee. Thereafter, petitioner filed the Title Suit No.

164 of 2014, pending in the court of Sub-Judge-I, Motihari, in which, wife of the informant has been made party as defendant. Due to that reason the present case has been lodged only to give undue pressure.

within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, in connection with Motihari Town P.S. Case No. 37 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T