Arun Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32558 of 2018 Arising Out of PS.Case No. -688 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Arun Kumar Sinha S/o Late Harinhar Prasad, R/o Rai Hasanpur Chaitola, Bhikhana Pahari, P.S.- Kadamkua , District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ravi Ranjan S/o Sri Janardan Prasad, R/o Vill.- Eastern Ram Krishna Nagar, P.S.- Ram Krishana Nagar, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 688(C) of 2017, registered for offences punishable under Sections 406 and 420 of the Indian Penal Code. Allegation against the petitioner that he has taken Rs. 34.50 lacs from the complainant in order to execute sale deed of certain piece of land in favour of the complainant, however, neither the sale deed was executed nor the money was returned. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and in fact no money has been paid to the petitioner by the complainant, which will appear from the fact that not a cheat of paper has been produced by the complainant showing that the payment has been made

Patna High Court Cr.Misc. No.32558 of 2018 (3) dt.09-07-2018 2/3 from his account to the petitioner.

Heard learned A.P.P. also as well as learned counsel for the complainant. Learned counsel for the complainant has opposed the prayer for bail on the ground that the petitioner has taken the above stated amount and is not ready to execute the sale deed and is also not returning the money.

Having heard both sides, considering the facts and circumstances of the case and also the fact that that earlier also, this case was adjourned on the request of learned counsel for the complainant to show that the payment has been made through his account to the petitioner, however, he failed to produced any papers, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna, in connection with Complaint Case No. 688(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable

Patna High Court Cr.Misc. No.32558 of 2018 (3) dt.09-07-2018 3/3 property within the jurisdiction of the concerned Court.

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