Kishori Singh @ Kisori Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16951 of 2015 Arising Out of PS.Case No. -476 Year- 2014 Thana -CIVIL LINE District- GAYA ====================================================== Kishori Singh @ Kisori Singh son of Late Ram Khelawan Singh resident of Village - Dubhal, P.S. Magadh Medical College, District Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. M.K.Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 406 and other sections of the Indian Penal Code. The informant alleged that the petitioner, being the holder of Power of Attorney, executed a deed of agreement to sell a piece of land and also received Rs. 4,000/- but the petitioner did not execute the sale deed nor returned the money. The petitioner executed the sale deed in favour of another person with regard to the same land. Learned counsel for the petitioner submits that the petitioner many times asked the informant to get the sale deed executed or get the money back but the informant did not pay any heed to his request. The case is purely of civil nature. If any breach of contract is committed, the informant has got every right to file a suit for specific performance of contract to recover the

Patna High Court Cr.Misc. No.16951 of 2015 (2) dt.22-05-2015 2/2 money with interest.

Learned counsel for the informant, on the other hand, submits that the petitioner neither returned the money nor executed the sale deed in favour of the informant; instead he executed the sale deed with regard to the same land in favour of another person.

Be that as it may, there appears that the dispute is of civil nature as the cause of action arose out of breach of contract between the two parties.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Civil Lines P.S. Case No. 476/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T