← Library
Patna High CourtCR. MISC./55733/2017bail granted

Nageshwar Prasad Verma v. State Of Bihar And ANR

2017-11-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55733 of 2017 Arising Out of PS.Case No. -1144 Year- 2013 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Nageshwar Prasad Verma S/o Late Ramprasad Sao, R/o MohallaPanchmahala, P.S. & District- Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Murari Singh S/o Late Devdeep Singh, R/o Mohalla- Prachin Devi Mandir Tola Unta Madarpur, P.S. & District- Jehanabad. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Compliant Case No. 1144 of 2013, registered under Section 406 of the Indian Penal Code.

The accusation is that complainant Murari Singh came to know that petitioner wants to sell 1 1⁄4 decimals of land on consideration amount of Rs. 4,50,000/-. Accordingly, complainant gave Rs. 2,36,000/- as an advance and remaining amount was to be paid on the execution of the sale deed. But, in spite of much persuasion petitioner neither executed the sale deed nor refunded his advance money in the stipulated period.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.55733 of 2017 (2) dt.29-11-2017 2/2 the petitioner used to run jewellery shop in a rented house, which belongs to the pattidar of the complainant, who used to take liquor and only to put pressure this false case has been lodged. Moreover, the dispute as appears from the complaint petition is of civil in nature. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SDJM, Jehanabad in connection with Compliant Case No. 1144 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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