Baijnath Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6948 of 2016 Arising Out of PS.Case No. -150 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Baijnath Prasad Son of late Vishwanath Prasad Resident of Main Road Masaurhi Ganesh Market, P.s Masaurhi, District Patna, At Present resident of MOhalla- Sati Ashtan , Sonkukra Road, Near St. Marry School , P.s Masaurhi, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vinod kumar Son of Sri Chran Prasad Gupta Resident of MOhalla- Sri Nagar, P.s Masaurhi, District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 406, 420, 504 of the Indian Penal Code. The prosecution case is that complainant paid Rs. 5,00,000 lacs out of the consideration amount of Rs. 12,50,000/- to the petitioner for transfer of a shop but subsequently the shop was transferred to some other person. It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment and petitioner sold the entire market.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.6948 of 2016 (2) dt.16-02-2016 2/2 Considering the nature of accusation levelled in the background of some contractual relationship between the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 Sub-Divisional Judicial Magistrate, Masaurhi in connection with Complaint Case No. 150(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T