Surendra Prasad Mehta @ Surendra Mehta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18502 of 2015 Arising Out of Complaint Case No. -897 Year- 2014 District- ARRARIA ====================================================== SURENDRA PRASAD MEHTA @ SURENDRA MEHTA son of Late Biran Mehta Resident of village- Barahra, P.S.- Raniganj, Dist- Araria .... .... Petitioner

Versus

1. The State of Bihar.

2. Satya Narayan Mehta son of Late Uttam Lal Mehta Resident of villageBarahra, P.S.- Raniganj, Dist- Araria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ramesh Kumar Singh, Adv. For the Opposite Parties : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 11-06-2015 The petitioner apprehends his arrest in relation to Complaint Case No. 897 of 2014 registered under Section 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the complaint itself he alleged that an agreement was done in the year 2007 and the complaint is being filed in the year 2014 for enforcing an agreement for sale. He submits that at best it would be a civil dispute for enforcement of specific performance of an agreement but surely no criminal prosecution can be lodged. Be that as it may, in the event of his arrest/surrender before the court below within four weeks from today, let the petitioners, namely, Surendra Prasad Mehta alias Surendra Mehta

Patna High Court Cr.Misc. No.18502 of 2015 (2) dt.11-06-2015 2/2 be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria, in connection with Complaint Case No. 897 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Vats/- U T