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Patna High CourtCR. MISC./8802/2018bail granted

Rituraj @ Rituraj Yadav v. The State Of Bihar

2018-02-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8802 of 2018 Arising Out of PS.Case No. -702 Year- 2017 Thana -KHAZANIHAT District- PURNIA ====================================================== Rituraj @ Rituraj Yadav, Son of Late Ramesh Yadav, resident of VillageMaranga, Police Station- K.Hat Maranga, District- Purnia. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha, Adv. For the Opposite Party/s : Mr. Sri Anant Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406/420 of the Indian Penal Code.

The dispute arose out of an agreement to sell between the parties.

Allegation is that in spite of receipt of entire consideration money, the petitioner did not execute the sale deed.

Whereas submission of the learned counsel for the petitioner is that the witness, in whose presence agreement was executed, has stated on oath vide Annexure2 that only a part of the consideration was paid.

Patna High Court Cr.Misc. No.8802 of 2018 (2) dt.15-02-2018 Learned counsel for the informant opposed the prayer for bail on the ground that the petitioner is in habit of cheating to different person on the basis of fictitious agreement to sell.

Considering the fact that the dispute is of civil nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with K.Hat (Maranga) Police Station Case No.702 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T