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Patna High CourtCR. MISC./39583/2019disposed

Krishna Murari Kumar @ Krishna Murari Singh v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39583 of 2019 Arising Out of PS. Case No.-503 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

KRISHNA MURARI KUMAR @ KRISHNA MURARI SINGH Son of late Narsingh Prasad Resident of Village Sakarawaar Tola Badi Durga Sthan, Ward No. 16, Mokamah, P.S.- Mokamah, District- Patna. 2.

Shyam Nandan Singh Son of Late Chando Singh Resident of Village Moldiyaar Tola, Ward No. 13, Mokamah, P.S.- Mokamah, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kumar Jayant Saxena Son of Late Jwala Prasad Resident of Village Sakarawaar Tola Badi Durga Sthan, Ward No. 16, Mokamah, P.S.- Mokamah, District- Patna.

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

For the Petitioner/s :

Mr.Apurva Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 503(C)/2017, disclosing offences under Sections 420 and 120(B) of the Indian Penal Code. Allegation as per complaint petition is that petitioners sold one katha of land to the complainant on a consideration amount of Rs. 4,50,000/-, however, later on petitioner came to know that the land in question belong to one Dr. Tripurari Singh.

Submission of learned counsel for the petitioners is that they are ready to return the amount if some time is allowed

Patna High Court CR. MISC. No.39583 of 2019(5) dt.26-09-2019 2/3 to them.

Heard learned A.P.P. as well learned counsel for the complainant. Learned counsel for the complainant has no objection.

Having heard both sides, in view of the above facts, let petitioners surrender in the court below by 25.10.2019 along with a bank draft of Rs. 1,20,000/- (Rs. One Lakh Twenty Thousand) drawn in favour of the complainant and the court below after verification of the same, shall release the petitioners on provisional bail for a period of three months with condition that petitioners will return the remaining amount of Rs. 3,30,000/- (Rs. Three Lakh Thirty Thousand) by way of equal installments of Rs. 1,10,000/- (Rs. One Lakh Ten Thousand) payable in the fourth week of each months through a bank draft in the name of complainant and once the entire amount of Rs. 4,50,000/- (Rs. Four Lakhs Fifty Thousand) is deposited in favour of informant, the court below shall confirm the provisional bail of the petitioners, otherwise the provisional bail of the petitioners shall stand cancelled.

If any application is filed by the complainant for releasing the amount, the court below shall release the same in favour of the complainant.

Patna High Court CR. MISC. No.39583 of 2019(5) dt.26-09-2019 3/3 It is expected that once the entire amount is paid, the complainant shall withdraw his case against the petitioners. (Vinod Kumar Sinha, J) sunilkumar/- U T