Ram Ekwal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62592 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== RAM EKWAL YADAV Son of Kari Yadav Resident of Village- Tenuahi, P.S.- Ladania, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

AMIT KUMAR CHAUDHARY Son of Sri Shiv Kumar Chaudhary Resident of Village- Mahatha, P.S.- Ladania, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Kumari Shubham For the Opposite Party/s :

Mr. Ram Priya Sharan Singh Mr. Ravindra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 as well as learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 406, 420, 467 and 468 of Indian Penal Code.

Allegedly, the complainant gave Rs.6,18,000/- to the petitioner for the purpose of purchase of land from him. When the complainant started construction boundary on the said land, then he got information that the alleged land was already sold to one Ram Kumar Das in the year 2016. It is further alleged that

Patna High Court CR. MISC. No.62592 of 2021(4) dt.10-11-2022 2/3 the complainant approached the petitioner to return the aforesaid amount but he denied to return the same.

After some arguments, learned counsel for the petitioner submits that the petitioner is ready to pay Rs.6,18,000/- to the complainant within a period of six months.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on provisional bail for a period of eight months 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in C.R. Case No.113 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the provisional bail of the petitioner shall be confirmed by the learned court below itself when the petitioner will pay the undertaken amount to the complainant within the stipulated time.

It is submitted by the learned counsel for the petitioner that the complainant has also filed a money suit against the petitioner. Therefore, after the payment of aforesaid amount, the

Patna High Court CR. MISC. No.62592 of 2021(4) dt.10-11-2022 3/3 complainant is directed to withdraw the money suit against the petitioner.

(Anjani Kumar Sharan, J) shikha/- U T