Abhay Kumar Ambastha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20736 of 2016 Arising Out of PS.Case No. -1572 Year- 2013 Thana -COMPLAINT CASE District- PURNEA ====================================================== Abhay Kumar Ambastha, aged about 42 years, son of Late Arjun Prasad, Resdent of Mohalla- Rajni Chowk Purnea, P.S.- K.Hat, (O.P.) DistrictPurnea .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mahavir Uraon, son of Late Budhu Uraon, Resident of villageMaharjganj, P.S.-Sadar, District- Purnea. .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate with Mr. Jitendra Narain Sinha, Ms. Rashmi Bharti and Mrs. Rekha Banker, Advocates.
For the Opposite Party/s : Mr. Arvind Kr. Panday, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2016 Heard both sides.
The petitioner apprehends his arrest in a case under Section 420 of the Indian Penal Code.
The petitioner is said to have executed an agreement to sell a piece of land in favour of the complainant. The complainant paid the consideration amount but on one pretext or the other the petitioner did not execute sale deed. It is submitted that the dispute is of civil nature.
Considering the nature of allegation made against the
Patna High Court Cr.Misc. No.20736 of 2016 (2) dt.17-05-2016 2/2 petitioner and the facts that there is an agreement to sell the land and the complainant is alleged to have breached the conditions of agreement which can be adjudicated in an appropriate civil proceedings, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Nitesh Kumar, Judicial Magistrate, Purnea or his successor in office in Complaint Case No. 1572/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T