Arun Prasad Srivastav @ Arun Kumar Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34426 of 2019 Arising Out of PS. Case No.-1363 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

ARUN PRASAD SRIVASTAV @ ARUN KUMAR SRIVASTAV Son of Raman Prasad Resident of Village - Dhoomnagar Narkatiyaganj, P.S.- Shikarpur, District - West Champaran 2.

Shakuntla Devi Wife of Raman Prasad Resident of Village - Dhoomnagar Narkatiyaganj, P.S.- Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mohammad Masoom Son of Sallauddin Ansari Resident of Village - Dhoomnagar Narkatiyaganj, P.S.- Shikarpur, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case No.1363 of 2017 , registered for offences punishable under Sections 406, 420, 504 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Prosecution case as per the complaint petition is that son of the petitioner no.2 has made an agreement with the complainant with respect to sale of a piece of land and took Rs.12 lac by cheque and Rs.07 lac in cash and thereafter he refused to execute the sale-deed in favour of the complainant.

Patna High Court CR. MISC. No.34426 of 2019(4) dt.16-09-2019 2/2 There is also allegation that petitioner no.2 made an agreement with the complainant to return the amount but she also failed to return the amount.

Submission of the learned counsel for the petitioners is that the complaint petition itself shows that the amount was taken by the son of the petitioner no.2 and the petitioners have falsely been implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Complaint Case No.1363 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T