Indrajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17780 of 2016 Arising Out of PS.Case No. -279 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Indrajeet Kumar Son of Chand Baleshwar Thakur Resident of VillageBuddhuchak, P.S. Gopalpur, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.C. Mishra, Advocate For the Opposite Party/s : Mr. Dr.Indiwar Kumari (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner apprehends his arrest in connection with Kotwali (Adampur) P.S. Case No. 279 of 2014 registered for offences punishable under Sections 420, 467, 468, 471, 419/34 of the Indian Penal Code.
The prosecution case, in brief, is that petitioner along with other co-accused persons agreed to sell a piece of land for Rs. Two lacs, but on the date of registry, petitioner along with other co-accused persons changed the land, hence, no registry could be done and the accused persons cheated the informant. It has been submitted by the learned counsel for the petitioner that informant has lodged a false case against the petitioner. In fact, in an agreement to sell her land, she had
Patna High Court Cr.Misc. No.17780 of 2016 (2) dt.04-05-2016 2/2 received part payment Rs. 1,50,000/-, Rs. 2,00,000/- cash and Rs. 5,00,000/- through bank draft on different dates and the petitioner has not taken any money from the informant and neither it is evident from the First Information Report that she had given a sum of Rs. 2,00,000/- to the petitioner. It has further been stated that the matter relates to civil dispute and petitioner has no criminal antecedent and in order to grab the petitioner's money, the informant has lodged this false case against the petitioner. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the matter relates to civil dispute, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Adampur) P.S. Case No. 279 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
(Nilu Agrawal, J.) Arjun/- U T