Dinesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36373 of 2023 Arising Out of PS. Case No.-514 Year-2021 Thana- COMPLAINT CASE District- Supaul ====================================================== DINESH KUMAR DAS SON OF LATE SHIV LAL RAM RESIDENT OF VILLAGE- KAJHA KOTHI, WARD NO. 11, PS- K. NAGAR, DISTTPURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

MANJU DEVI WIFE OF VISHESH KUMAR DAS RESIDENT OF VILLAGE- KAJHA KOTHI, PS- K. NAGAR, DISTT- PURNEA, PRESENTLY ADDRESS- C/O DR. MANOJ KUMAR CLINIC, WARD NO. 24, SHANI MANDIR, BEENA ROAD, PS- SUPAUL, DISTTSUPAUL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava Mr. Nawal Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 406 of the Indian Penal Code.

3. Allegedly, the petitioner, twice took consideration money from the complainant but did not executed the sale deed.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The husband of the

Patna High Court CR. MISC. No.36373 of 2023(3) dt.28-08-2023 2/2 complainant made a forged byanama agreement in his favour and fraudulently took his signature on it. There is a civil dispute between the parties. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is a civil nature of dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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 pending/Successor Court in connection with Supaul Complaint Case No.514C of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T