Joseph John v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35591 of 2018 ====================================================== Joseph John Son of Ulahannan Joseph Resident of 105 Sunder Apartment Bhoot Nath Road, P.O. Bahadurpur Housing Colony, P.S. Agam Kuan, District Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Geeta Devi Wife of Raj Kumar Sahu @ Raju Kumar Sah

3. Raj Kumar Sahu @ Raju Kumar Sah

4. Ravi Kumar

5. Gourav Sahu @ Gaurav Kumar Both are sons of Raj Kumar Sahu @ Raju Kumar Sah All are residents of House No. A - 242, Peoples Cooperative Colony, P.S. Agam Kuan, District Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 The modification has been filed by opposite party No.2 of Cr.Misc. No.23720 of 2018, which has been disposed of by order dated 8.5.2018 directing the petitioners to surrender within a period of eight weeks along with a Bank Draft of Rs.5 lakhs. Submission of learned counsel for the petitioner is that Title Suit No. 55 of 2017 has already been filed for specific performance of contract by the petitioner which is pending for final adjudication and prejudice is caused in the said title suit filed by the petitioner by the aforesaid direction of this Court. Heard learned APP also.

Considering the facts and circumstances, it is directed

Patna High Court Cr.Misc. No.35591 of 2018 (2) dt.27-06-2018 2/2 that the deposit of amount shall not prejudice in Title Suit No. 55 of 2017 filed by the petitioner in this case With the above observation, this application is allowed. (Vinod Kumar Sinha, J) spal/- U