Mahesh Kumar @ Mahesh Singh Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.1089 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1089 of 2017 Arising Out of PS.Case No. -414 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Mahesh Kumar @ Mahesh Singh Yadav, Son of Ramanand Prasa, r/o Mohalla - Nandan Nagar Kargil Chowk Jehanabad PS and Distt. Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Aunoor Rahman Chand, S/o Baliour Rahman, R/o village Kajisarai, Post Kajisarai, PS Kako, Distt. Jehanabad.

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate. For the Informant Mr. Ranjay Kr. Singh, Advocate. For the State : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner is accused in connection with Complaint Case No. 414 of 2016 registered under Sections 323, 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act. The accusation is that the complainant-informant negotiated to purchase 21.25 decimals of land of Khata No. 297 Plot No.

from the petitioner at the rate of Rs. 4 lac per katha and accordingly, informant handed over Rs.8 lack to the petitioner in advance. But after measurement, the area of the plot was found only 9 decimals. Thereafter, on 19.09.2015, petitioner sold one katha land to him while petitioner had taken advance of Rs.8 lac to sell 21.25 decimals land. As such, petitioner

Patna High Court Cr.Misc. No.1089 of 2017 (2) dt.16-01-2017 cheated to the complainant. In spite of requested, the petitioner issued cheque of Rs.2,10,000/- to the complainant but the same was dishonoured due to insufficient amount.

Learned counsel for the petitioner submits that, in fact, petitioner executed one katha land in favour of Khusbu Kumari on consideration amount of Rs.5,32,000/- on the instruction of complainant-informant and for remaining amount, two cheques of Rs. 40,000/- in favour of complainant and Rs.50,000/- in favour of Rahul Kumar, were issued on instruction of complainant-informant, which were credited in their account. Further submission is that petitioner is in custody since 09.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 414 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T