Patna High CourtCR. MISC./48196/2018disposed

Satyendra Mohan Kumar Sinha v. The State Of Bihar

2018-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48196 of 2018 Arising Out of PS.Case No. -284 Year- 2017 Thana -BEUR District- PATNA ======================================================

1. Satyendra Mohan Kumar Sinha S/o-Shyam Nandan Prasad Singh R/o Village-Khandakpar, P.S.-Biharsharif, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. R.K.Prasad For the Opposite Party/s : Mr. L.K.Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 Heard the parties.

Petitioner is apprehending his arrest in Beur P.S.Case No.284 of 2017 registered for the offences under Section 420/34 of the I.P.C.

Allegation against the petitioner is that he entered into an agreement with the informant for sale of a peace of land for a consideration amount of Rs.35,00,000/- and Rs.10,00,000/- was given as an earnest money. The informant gave Rs.25,00,000/- to the petitioner and different dates and thereafter on the date fixed for registration of the sale deed but the petitioner had not executed the sale deed stating that the land lady had gone to Delhi for her treatment. Thereafter the informant contacted to the land lady then who told that the petitioner had given her Rs.14,00,000/- only. Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.48196 of 2018 (2) dt.23-08-2018 2/2 that he had not taken Rs.35,00,000/- and there is no chit of paper in support of the contention of the petitioner. He further submits that at best it can be said that he has taken Rs.8,00,000/- and he is ready to deposit the same.

Heard learned A.P.P. also.

Having heard both sides, in view of allegation, I am not inclined to grant privilege of anticipatory bail, however, if the petitioner surrenders within 6 weeks and ready to pay back the amount even on some installments, the learned court below shall consider the same and dispose of the prayer for bail, if possible on same day.

(Vinod Kumar Sinha, J) AnilKrSinha/- U