Rajendra Prasad Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37334 of 2015 Arising Out of PS.Case No. -2788 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rajendra Prasad Sah .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code.

The accusation is of taking `2,51,000/- as advance for transfer of land by executing sale deed against the total consideration of `27,00,000/-.

It is submitted by learned counsel for the petitioner that the petitioner is ready to return `2,51,000/- with 4% interest thereon from the date of amount received till the date of payment, within a period of five months in five equal monthly installments through bank draft.

Learned counsel for the complainant submits that the complainant accepts the offer of the petitioner and undertakes that

Patna High Court Cr.Misc. No.37334 of 2015 (2) dt.17-09-2015 2/2 after receiving the bank draft of `2,51,000/- along with 4% interest from the date of amount received till the date of return of the amount, the complainant will file appropriate application for withdrawal of the case before learned court below. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Muzaffarpur in connection with Complaint Case No. 2788 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below on deposit of aforesaid amount. (Dinesh Kumar Singh, J) Amrendra/- U T