Sudhir Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17622 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17622 of 2018 Arising Out of PS.Case No. -289 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sudhir Kumar Son of late Shyam Bihari Prasad Resident of MohallaDarji Tola, P.S. Nawada, District- Nawada, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubi Devi Wife of Anil Prasad, Daughter of Lakhi Sao Resident of Village- Sonmai, P.S. Dhanarua, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case(Patna) No.289(c) of 2015 registered under Section 379 and other Sections of the Indian Penal Code.

The complainant alleged that her husband subjected her to physical and mental torture and there was a compromise. Her husband agreed to transfer .24 decimals of land in her name. The same land was sold to the petitioner on consideration of Rs.6 lacs but petitioner deposited only Rs.2,49,000/- and thereafter petitioner and others forcibly took signature of her brother and father on a plain paper and refused to make payment.

Patna High Court Cr.Misc. No.17622 of 2018 (2) dt.06-04-2018 The learned counsel for the petitioner submits that petitioner is brother-in-law of the complainant. The petitioner is not at all concerned with the affairs of complainant and her husband. He never took any signature from father and brother of the complainant.

On the other hand, learned counsel for the complainant vehemently opposed the prayer for anticipatory bail. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that dispute is of civil nature, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case(Patna) No.289(c) of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T