Puttu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40832 of 2024 Arising Out of PS. Case No.-965 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Puttu Kumar SON OF Vidyanand Prasad VILLAGE- NASIRCHAK, POKHAGAUL, PS- DANAPUR, DIST- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BIBI SALAHA KHATOON WIFE OF MURTAZA ANSARI VILLAGENASIRCHAK, PO- KHAGAUL, PS- DANAPUR, DIST- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhunath Pathak, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 120B, 420, 468, 384 and 34 of the IPC in connection with Complain Case No.965(C) of 2022.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the complainant alleges that she requested the petitioner to return the original copy of the agreement executed in between them for sale of land of the complainant as detailed in the complaint, wherein the cost of the land was fixed at Rs.10 lakhs per kattha against which an amount of seventeen lakhs by way of advance was taken by the

Patna High Court CR. MISC. No.40832 of 2024(3) dt.02-09-2024 2/3 complainant from the petitioner, it is further alleged that since the said advance amount of seventeen lakhs was returned by the complainant through RTGS in the account of the petitioner on 27.07.2022, as such on 28.07.2022 all the accused persons came and caught the son of the complainant Md. Nasim and made entry on the backside of the agreement for receiving an amount of rupees one crore twenty lakhs on different dates as detailed in the complaint.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil to which a criminal colour has been given. It is next submitted that criminal case has been instituted in order to coerce the petitioner into submission so that the complainant is not compelled to sale her land in favour of the petitioner. It is further submitted that if complainant is disputing the fact that she has not received an amount of rupees one crore twenty lakhs as recorded on the backside of the agreement in that event, she can always take a plea that since the amount was never received as such she is not bound to sell her land in favour of the petitioner in a duly constituted civil procedeeding.

Patna High Court CR. MISC. No.40832 of 2024(3) dt.02-09-2024 3/3

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Danapur, Patna in connection with Complain Case No.965(C) of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T