Md. Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51806 of 2018 Arising Out of PS.Case No. -1342 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Md. Israfil S/o Late Ahmad Ali, R/o Vill.- Mahrampur, P.S.- Jadia, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/323/504 of the Indian Penal Code.

The complaint petition was filed on nonperformance of the agreement to sale by the petitioner. Each and every non-performance of contract does not constitute the criminal liability when the complainant has remedy in the civil suit. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.51806 of 2018 (2) dt.09-10-2018 P2/ of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Complaint Case No. 1342C of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T