Karan Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72533 of 2018 Arising Out of PS. Case No.-222 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Karan Yadav, Son of Pramod Yadav, Resident of Village-Rahimpur,Nanhku Mandal Tola, Police Station Muffasil, Distt.-Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kirtika Devi, Wife of Late Kapuri Singh, Resident of Village-Kurha Bind Toli, Police Station -Sahebpur Kamal, Distt.-Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 222 of 2016 registered under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. The accusation is that petitioner approached to the complainant-opposite party no. 2 to purchase 15 Kathas land of the complainant and on negotiation, the consideration amount of Rs.75,000/- was fixed, out of which, petitioner handed Rs.13,000/- to the complainant-opposite party no. 2 as advance giving assurance to pay the remaining amount at the time of execution of sale deed. While the sale deed was executed but the remaining money was not paid to the complainant then complainant demanded remaining amount of Rs.62,000/- but petitioner asked him that at time of taking

Patna High Court CR. MISC. No.72533 of 2018(4) dt.17-04-2019 2/2 Chirkut aforesaid remaining will be paid. Thereafter, petitioner obtained Chirkut without payment of aforesaid remaining amount of Rs.62,000/- and got mutated the aforesaid land in his favour. When complainant demanded the remaining amount then petitioner did not take any heed.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive and has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 222 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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