Patna High CourtCR. MISC./10473/2017bail granted

Vijay Kumar Gupta @ Vijay Kumar v. State Of Bihar And ANR

2017-03-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10473 of 2017 Arising Out of PS.Case No. -279 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Vijay Kumar Gupta @ Vijay Kumar S/o Late Payera Lal Gupta .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 279 (c) of 2013 for the offences allegedly committed by the petitioner under Section 420, 504/34 of the Indian Penal Code. The complainant alleged that he talked with the petitioner and others for purchasing a piece of land and gave Rs. 4,11,000/- but later on some dispute arose and the petitioner did not execute the sale deed after receiving Rs. 4,11,000/-. The learned counsel for the petitioner submits that petitioner has already returned the entire amount. The complainant has also filed suit for specific performance of contract. The learned counsel for the complainant, however, opposed the prayer for anticipatory bail.

Having considered the fact that, on the face of it, it

Patna High Court Cr.Misc. No.10473 of 2017 (2) dt.15-03-2017 2/2 appears that the dispute is of civil nature, the above named petitioner, 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No. 279(c) of 2013, Tr. No.-2124/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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