Dr. Sanjeev Kumar Agrawal @ Toliji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51602 of 2019 Arising Out of PS. Case No.-539 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DR. SANJEEV KUMAR AGRAWAL @ TOLIJI Son of Late Arvind Kumar Agrawal Resident of Mungeriganj Kharag Narain Road, P.S.- Begusarai, Distt - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prakash Kr. Agrawal Son of Late Sukhdeo Narain Agrawal Resident of Mungeriganj P.M. Bazar and Jewellers Main Road, P.S.- Begusarai, Distt - Begusarai.

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.539© of 2019 registered for offences punishable under Sections, 406 and 420 of the Indian Penal Code.

As per the complaint case, petitioner has taken altogether Rs.2.85 crore from the complainant for execution of the saledeed with respect to 04 bigha and 05 kaths of land. Agreement has also been executed but thereafter he failed to execute the sale-deed rather he sold the land to some other persons. After appearance of the O.P.no.2, the matter was referred to the

Patna High Court CR. MISC. No.51602 of 2019(5) dt.27-11-2019 2/3 Mediation Centre but the mediation has failed. Submission of the learned counsel for the petitioner is that he is ready to pay Rs.2.85 crore if some reasonable time is given to him.

Heard learned counsel for the complainant, who has no objection, if the same is paid within time as prescribed by this Court.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of receipt of the order along with a bank draft of Rs.35 lac (thirty five lac) in favour of the complainant and once the same is deposited, he will be released on provisional bail in connection with Complaint Case No.539© of 2019 for a period of five months and during that period, he has to pay rest of the amount in 05 months in equal installment of of Rs.50 lac each in the second week of each month by bank draft in favour of the complainant and once the total amount is is deposited, the bail bond of the petitioner shall be confirmed, however, failure to pay any installment by the petitioner, his bail bond shall be

Patna High Court CR. MISC. No.51602 of 2019(5) dt.27-11-2019 3/3 cancelled without any further indulgence .

At the same time, it is made clear that if the complainant files any petition for release of the amount in favour of him, the same shall be released in favour of him on filing an undertaking that he will abide by final outcome of this case. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T