Saryug Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37960 of 2018 Arising Out of PS.Case No. -2658 Year- 2017 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Saryug Ram S/o Late Bhej Ram, R/o Vill.- Gopalpur, P.S.- Hussainganj, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ganesh Ram S/o Late Deonath Ram, R/o Vill.- Mahanagar, P.S.- Siswan, District- Siwan.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.2658 of 2017 registered for offences punishable under Sections 420, 406, 468 of the Indian Penal Code. Allegation against the petitioner is that an agreement was made between the complainant and the petitioner for sale of a piece of land and Rs.05 lac was taken by the petitioner from the complainant, however, later on they demanded more money for the land and not executed the sale-deed nor they are returning the money.
Submission of the learned counsel for the petitioner is that there is no chit of paper to show that Rs.05 lac is due with the petitioner of the complainant and the petitioner has been falsely
Patna High Court Cr.Misc. No.37960 of 2018 (3) dt.06-09-2018 2/2 implicated in this case.
Heard learned A.P.P., who has opposed the prayer for bail and from perusal of the record, it appears that vakalatnama has been filed by the O.P.no.2 but no one appears on behalf of them. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII, Siwan in connection with Complaint Case No.2658 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T