Bhaskar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32583 of 2019 Arising Out of PS. Case No.-1098 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Bhaskar Verma aged about 48 years (M), Son of late Rajeshwar Verma, Resident of Village - Kalibagh ward no. 11, P.S.- Bettiah Town, Distt - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanoj Sah aged about 30 years (M), Son of late Kashi Sah, Resident of Village - Kalibagh Purani Gudri Turha Toli Chowk Ward no. 10, P.S.- Bettiah Town, Distt - West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1098C of 2017 in which cognizance under Section 406, 323, 504 of IPC has been taken by learned Magistrate.

The allegation against the petitioner, as per the complaint that the petitioner along with his brother went to the house of the complainant and told him that they were willing to sale their land for the purpose of business and the complainant became ready to purchase the said land at a price fixed between them for 10 dhur of land at Rs. 20,8000/-. It has further been

Patna High Court CR. MISC. No.32583 of 2019(4) dt.20-09-2019 2/3 alleged that the complainant gave advance money of Rs. 8,000/- and the rest amount of Rs. 2 lakh was paid to the petitioner by the complainant as the balance amount but the sale deed was not executed in favour of the complainant.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story with malafide intention. Learned counsel further submits that no agreement for sale at any point of time was executed between the petitioner as well as the complainant or any other family members of the petitioner. Learned counsel further submits that there is no proof of payment of Rs. 8,000/- and sum of Rs. 2 lakh by the complainant in favour of the petitioner or his brother.

Having regard to the submissions made by the parties and taking into consideration the fact that the dispute between the parties appears to be civil in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah,

Patna High Court CR. MISC. No.32583 of 2019(4) dt.20-09-2019 3/3 District- West Champaran in connection with Complaint Case No. 1098C of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U