Manish Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3151 of 2017 Arising Out of PS.Case No. -115 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manish Kumar Singh, Son of Sri Ramagya Singh, Resident of Village- Ghanghati, P.S.- Chakia, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rajesh Kumar Modi, Son of Binod Kumar Modi, Resident of Village- Chakia, P.S.- Chakia, District- East Champaran. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar, Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party : Md. Anzarul Haque Sahara (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Chakia P.S. Case No. 115 of 2015 instituted for the offence under Sections 504, 323, 420, 406, 120B, 467, 468, 469, 470 and 471 of the Indian Penal Code.

It is alleged in the complaint petition that the petitioner executed registered Mahadanama in favour of the informant for sale of his land as mentioned in the compliant petition. The complainant has further alleged that total amount has

Patna High Court Cr.Misc. No.3151 of 2017 (2) dt.02-02-2017 2/2 been received by the petitioner from the complainant. The informant sent a legal notice but petitioner refused to execute the sale deed in his favour after receiving the remaining amount of Rs.2,00,000/- as per Mahadanama.

Counsel for the petitioner has submitted that civil remedy is available to the informant for his grievance. From the nature of allegation this court finds that it is a matter of civil dispute. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chakiya P.S. Case No. 115 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13th , Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T