Rajesh Kumar Sinha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8933 of 2017 (3) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8933 of 2017 Arising Out of PS.Case No. -4046 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rajesh Kumar Sinha s/o Nripendra Narayan Sinha resident of Shivendu Enclave, Ramnagri Chawk, Ashiyana Digha Road, PS Rajiv Nagar, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Subodh Kumar s/o Sri Siyadeo Narayan Kumar r/o village Mahmada, PS Patahi, District East Champaran, presently residing at H. 8/5 Akashganga Vihar, Ahirwan, Kanpur Airforce Station, PS Airforce Station, District Kanpur Uttar Pradesh.

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

For the Petitioner/s : Mr. Sanat Kumar Mishra, Adv. For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2017 Heard both sides.

The petitioner seeks bail in Complaint Case No. 4046(C)/2015, registered for the offences punishable under Section 409 of the Indian Penal Code.

The complainant gave Rs. 9,90,000/- for purchasing a piece of land to the petitioner, but the petitioner did not execute the sale deed.

Learned counsel for the petitioner submits that the petitioner is ready to return the entire amount i.e., Rs. 9,90,000/- with 8.5% interest to the complainant within six months from the

Patna High Court Cr.Misc. No.8933 of 2017 (3) dt.06-03-2017 date of his release.

Learned counsel for the complainant did not raise any objection, if payment is made to the complainant with 8.5% interest within six months from the date of release of the petitioner.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner is in jail since 01.10.2016 and he is ready to return the entire amount within six months with 8.5% interest, the petitioner above-named, 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 Judicial Magistrate Ist Class, Patna in connection with Complaint Case No. 4046(C)/2015. if the petitioner fails to return Rs. 9,90,000/- with 8.5% interest within six months of his release, learned court below shall cancel the bail bond of the petitioner.

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