Manish Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35988 of 2023 Arising Out of PS. Case No.-740 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== MANISH RANJAN S/O MAHENDRA PRASAD R/O Mohalla Manikchandra Talab, P.S. Gardanibag, Dist. Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SURYAMANI KUMAI W/O RAJESHWAR SINGH R/O Village Dariyapur, P.S. Pipra Punpun, Dist. Patna, At present R/O Mohalla Jakariya, P.S., Ramkrishna Nagar, Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bijay Bhushan Prasad, Advocate For the State :
Mr. Surendra Prasad Singh, APP For the O.P. No.2 : Mr. Sikandar, Advocate Ms. Sweta Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 504 & 506 of the Indian Penal Code.
3. The allegation against the petitioner is that he had taken Rs.9,90,000/- from the complainant/opposite party no.2 for registering a land in her name but neither the land was registered nor the money was returned.
4. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.35988 of 2023(4) dt.30-11-2023 2/3 no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. It is further submitted that the informant in her first information report has alleged that Rs.2.15 Lacs was paid through cheque and Rs.10,000/- in cash and Rs.7,65,000/- was paid to the petitioner through cash but the informant has not brought on record any chit of paper with regard to the alleged payment in cash. Learned counsel for the petitioner further submitted that petitioner is ready to return to Rs.2,25,000/- to the opposite party no.2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the opposite party no.2 opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the petitioner is ready to return Rs.2,25,000/- to the opposite party no.2 for which there is documentary evidence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.35988 of 2023(4) dt.30-11-2023 3/3 pending/successor Court in connection with Gardanibag P.S. Case No. 740 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. The learned Court below is directed to accept the bail bond of the petitioner after satisfying that petitioner has paid Rs.2,25,000/- to the opposite party no.2.
(Anjani Kumar Sharan, J) Trivedi/- U T