Kumar Amrit Shrikant And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49484 of 2018 Arising Out of PS.Case No. -637 Year- 2017 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================
1. Kumar Amrit Shrikant S/o Late Bipin Bihari Prasad
2. Bulbul Maria W/o Kumar Amrit Shrikant Both residents of Mohalla - Bella Garden, P.S. - L.N.M.U., District - Darbhanga.
3. Chandra Bhushan Yadav S/o Ganeshwar Gope resident of Mohalla - Naya Tola, Sundarpur Bela, P.S. - L.N.M.U., District - Darbhanga.
4. Narmdeshwar Tiwary S/o Late Dr. Paramhans Tiwary resident of Mohalla - Bela Industries Campus, P.S. - L.N.M.U., District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Binod Kumar Pansari S/o Late Parmeshwar Pansari Resident of Mohalla - Senapat, P.S. - Sadar, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Submission of the learned counsel for the petitioner is that petitioner no.4 (Narmdeshwar Tiwary) has been arrested during the pendency of this application, as such this application against the petitioner no.4 is dismissed as withdrawn as it has become infructuous.
Heard the parties.
The petitioners are apprehending their arrest in connection with C.R.No.637 of 2017 corresponding to Trial No.2035 of 2018 registered for offences punishable under Sections 406, 420, 465, 471 of the Indian Penal Code.
Patna High Court Cr.Misc. No.49484 of 2018 (2) dt.29-08-2018 2/3 Allegation against the petitioners is that they entered into agreement with the complainant with respect to sale of 1 bigha, 17 katha and 17 dhur of land and took Rs.5,50,000/- but neither they have executed the sale deed nor they are returning the money. Submission of the learned counsel for the petitioners is that the sale deed was to get executed in three months but the complainant is not ready for that and the petitioners are ready to get the sale deed executed or returning the money. Heard learned A.P.P. and the learned counsel for the complainant. They have opposed the prayer for bail on the ground that the money of the complainant has not been returned..
Having heard both sides and in view of the fact that the petitioner is ready to return the money, let the petitioner Nos. 1 Kumar Amrit Shrikant, 2. Bulbul Maria and 3. Chandra Bhushan Yadav surrender before the court below within a period of eight weeks from the date of order along with a bank draft of Rs.5,50,000/- payable in favour of O.P.No.2 and on being satisfied with that the learned court below shall release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each in connection with C.R.No.637 of 2017 corresponding to Trial No.2035 of 2018.
In the meantime no coercive step shall be taken against the
Patna High Court Cr.Misc. No.49484 of 2018 (2) dt.29-08-2018 3/3 petitioners in connection with C.R.No.637 of 2017 corresponding to Trial No.2035 of 2018.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T