Md Lalan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59607 of 2023 Arising Out of PS. Case No.-67 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Md Lalan Son Of Md Makbul Resident Of Village- Mahimachak, PsRasalpur, Distt- Bhagalpur 2.

Rubiha Khatoon @ Rubiha Wife Of Md Lalan Resident Of VillageMahimachak, Ps- Rasalpur, Distt- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sanjida Wife Of Kaium Resident Of Village- Roshnapur, Ps- Pirpainti , Distt- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 420, 406, 467, 468, 13A, 120B, 504, 323/34 of the Indian Penal Code.

3. It is alleged that despite receiving part consideration money in advance, pursuant to an agreement, the petitioners refused to register the sale-deed in favour of complainant/opposite party no. 2 and also failed to return the amount.

Patna High Court CR. MISC. No.59607 of 2023(4) dt.22-07-2024 2/2

4. Learned counsel for the petitioners submits that dispute involved in the complaint petition is of civil nature and none of the acts allegedly committed by the petitioner give rise to any criminal liability. It is out-and-out a civil dispute, for which, complainant has got some other remedy.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - II, Bhagalpur in connection with Complaint Case No. 67 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T