Patna High CourtCR. MISC./42710/2017dismissed

Ravi Shrivastava @ Shashi Kant @ Shashi Kant Srivastav v. The State Of Bihar

2017-09-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42710 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ravi Shrivastava @ Shashi Kant @ Shashi Kant Srivastav son of Late Raghunath Prasad, Resident of Village- Baraharwa, P.S.- Turkuliya, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Turkauliya (Banjariya) Case No. 97 of 2017 instituted for the offence under Sections-406, 420, 323, 504/34 of the Indian Penal Code.

There is allegation in the written report that on the basis of power of attorney, Munna Dubey sold the land of the informant to this petitioner without giving consideration money to the informant. This petitioner has taken possession over the land. It is further alleged that a Cheque of Rs. 3,00,000/- was given to the informant but the same could not be encashed due to wrong promises made by the petitioner. The informant is making request since 2014 for payment of the money but the money has not been paid to the informant by the accused persons. In such circumstances, this court is not inclined to grant

Patna High Court Cr.Misc. No.42710 of 2017 (2) dt.12-09-2017 anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below within four weeks from the date of receipt of the order and seek regular bail which will be considered by the court below without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T