Patna High CourtCR. MISC./59853/2017bail granted

Santosh Kumar v. The State Of Bihar

2017-12-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59853 of 2017 Arising Out of PS. Case No.-231 Year-2017 Thana- PARWATTA District- Khagaria ====================================================== Santosh Kumar, Son of Sri Upender Narayan Das, Resident of Village - Parbatta, P.S. Parbatta, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar-1, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 468/420/407/471/34 of the Indian Penal Code.

Prosecution case is that the petitioner executed a conditional sale deed after taking payment of consideration amount of Rs. 13,39,000/- for a certain piece of land measuring an area of 1 bigha, 9 katha, 10 dhur, concerning which the petitioner was to execute the absolute sale deed after 10 months, but the petitioner declined to execute the sale deed after 10 months.

It is submitted by learned counsel for the petitioner that the dispute is of civil flavour and for the same cause of action Title Suit No. 52 of 2017 has been filed by the informant.

Patna High Court Cr.Misc. No.59853 of 2017(2) dt.12-12-2017 2/2 A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation having civil flavour, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned ACJM, Khagaria, in connection with Parbatta P.S. Case No.231 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T