Sushil Kumar Saraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6741 of 2015 Arising Out of PS.Case No. -37 Year- 2013 Thana -DELHA District- GAYA ======================================================
1. Sushil Kumar Saraf Son of Shambhu Nath Saraf Resident of Mohalla - Balajee Nagar, Chotki Nawada, P.S.- Delha, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate. For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2015 Heard both sides.
The petitioner apprehends his arrest in Delha P.S. Case No. 37 of 2013, registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code. The complainant has alleged that he deposited amount in the A/C No. 0600002100014709 of Punjab National Bank at the instance of the petitioner who happens to be the director of the company vide cheque no. 434783 worth Rs. 2,00,000/- in pursuance of the agreement as consideration money for execution of the sale deed.
It is submitted that Rs. 4,00,000/- was given to Shailendra Kumar Sinha the deed writer of the company. Shailendra Kumar Sinha has already been enlarged on anticipatory
Patna High Court Cr.Misc. No.6741 of 2015 (2) dt.20-02-2015 2/2 bail. It is further submitted that the aforesaid account in which Rs. 2,00,000/- was deposited does not belong to the company or to the petitioner. The sale deed has already been executed in favour of Pintu Kumar @ Manoj Kumar who gave money.
Considering the facts aforesaid and the fact that the dispute appears to be of civil nature, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 37 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T