Patna High CourtCR. MISC./22136/2016rejected

Dharmendra Kumar v. The State Of Bihar

2016-07-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22136 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -MARANCHI District- PATNA ====================================================== Dharmendra Kumar Son of Geeta Mahto Resident of Village - Maranchi, Nepali Tola, P.S. Maranchi District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kartik Kumar Sinha, Adv. For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2016 Heard both sides.

The petitioner apprehends his arrest in Maranchi P.S. Case No. 86/2015, registered for the offences punishable under Sections 406, 417, 420, 34 of the Indian Penal Code and Section 138 of Negotiable Instruments Act.

The allegation is that the informant gave Rs. 12,00,000/- to the petitioner for purchasing land. Agreement was executed in favour of the informant, but the petitioner himself got the sale deed registered in his own name and did not return the money to the informant. It is further alleged that petitioner issued cheques, but all the cheques were dishonoured.

Learned counsel for the petitioner submits that he did not receive Rs. 12,00,000/- from the informant. Petitioner is ready

Patna High Court Cr.Misc. No.22136 of 2016 (4) dt.26-07-2016 2/2 to return Rs. 5,10,000/-.

The petitioner informed the bank to stop payment to the cheques which were not honoured, but it appears that no such communication was annexed with the bail petition. The petitioner executed agreement of the land in the name of the informant, but he got the sale deed registered in his own name and did not return money to the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T