Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42878 of 2024 Arising Out of PS. Case No.-7 Year-2022 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Sudama Paswan, son of Late Hari Paswan Village- Arwal Sipah Ps Dist.- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Devi, wife of Mithlesh Kumar, Village- Amraa P.S.- Parasi Dist.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate Ms. Kumari Anjani Sinha, Advocate For the Opposite Party/s :

Mr. Mayank Singh, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 07 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471, 120b, 323, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner has cheated the complainant on payment of consideration amount of Rs. 6, 50,000/- which was given to purchase a piece of land which was already sold by the father of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and Title Suit

Patna High Court CR. MISC. No.42878 of 2024(2) dt.10-07-2024 2/2 No. 108 of 2015 is pending between the parties in the trial court. The land in question was not sold by the father of the petitioner to any other person as alleged. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

5. Learned counsel for the complainant submits that the compromise between the parties has already been taken place.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 07 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T