Nand Jee Singh @ Nand Jee v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10380 of 2018 Arising Out of PS.Case No. -868 Year- 2013 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Nand Jee Singh @ Nand Jee, S/o Late Pradeep Nath Singh, R/o VillageBahadurpur, P.S.- Parasi, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramdeel Singh S/o Late Viden Singh, R/o Village- Bahadurpur, P.S.- Parasi, District- Arwal.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 868 of 2013 corresponding to Trial No. 678 of 2017 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

In the complaint case itself it is alleged that one agreement was entered into between the complainant and the petitioner for sale of land as mentioned in the complaint petition and an amount of Rs.1,05,000/- was paid by the complainant to the petitioner out of consideration amount of Rs.1,20,000/-. The rest amount of Rs.15,000/- was to be paid by the complainant at the time of execution of sale deed but neither the petitioner

Patna High Court Cr.Misc. No.10380 of 2018 (3) dt.27-02-2018 2/3 executed sale deed in question nor returned the amount of Rs.1,05,000/- to the complainant.

Learned counsel for the petitioner has submitted that it is a matter of purely civil dispute.

Mere vague allegation has been made against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 868 of 2013 corresponding to Trial No. 678 of 2017, he shall 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 Sri Ashok Ray, learned Chief Judicial Magistrate, Arwal, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the

Patna High Court Cr.Misc. No.10380 of 2018 (3) dt.27-02-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T