Sadanand Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46744 of 2014 Arising Out of PS.Case No. -1862 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Sadanand Thakur Son of Late Ram Sogarat Thakur

2. Santosh Kumar Suman @ Santosh Kumar Son of Sri Jagat Narayan Thakur Both Resident of village- Amnaur, P.S.- Aurai, DistrictMuzaffarpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Surendra Kishore Thakur For the Opposite Party : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 Heard learned counsels for the petitioners and the State.

It is submitted by learned counsel for the petitioner that petitioner No. 1 Sadanand Thakur has been arrested, hence his application has become infructuous. Accordingly the application with regard to petitioner No. 1 stands disposed off.

Petitioner No. 2 is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is alleged that petitioners negotiated to purchase the land of the complainant for Rs. 1,69,000/-. It is further alleged that Rs. 69,000/- was paid in cash but for rest of money two cheques of Rs. 53,000/- were issued which got

Patna High Court Cr.Misc. No.46744 of 2014 (2) dt.23-04-2015 2/2 bounced though sale deed was already executed by the complainant.

It is submitted by learned counsel for the petitioners that petitioner No. 2 is ready to make payment of Rs. 1,00,000/- within a period of six weeks.

Considering the aforesaid facts, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for two months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 1862 of 2014, Trial No. 1786 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner No. 2 will be confirmed by learned Court below on deposit of draft of Rs. 1,00,000/- by the petitioner in favour of the complainant and its release by learned Court below and its subsequent encashment by the complainant.

(Dinesh Kumar Singh, J) Shageer/- U T