Md. Jafir @ Md. Jakir v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23815 of 2017 Arising Out of PS.Case No. -1020 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Md. Jafir @ Md. Jakir Son of Md. Safique @ Safiqueddin Resident of Village- Bachhauta, P.S. Morkahi, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Parmanand Tulsiyan Son of Late Prahlad Ray Tulsiyan, Resident of Mohalla- S.D.O. Road Maya Ram Market, Khagaria, P.S.+ DistrictKhagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 1020C/2014, registered for the offences punishable under Section 406 of the Indian Penal Code.
The complainant alleged that the petitioner talked with him for selling his land. The petitioner took Rs. 6,00,000/- in presence of the witnesses and executed a deed of agreement to sell, later on, the petitioner received the remaining amount, but he refused to execute the sale deed.
Learned counsel for the petitioner submits that the dispute is of civil nature. If the petitioner fails to execute the sale
Patna High Court Cr.Misc. No.23815 of 2017 (2) dt.14-07-2017 2/2 deed, the proper remedy available to the informant to file suit under the provision of specific performance of contract Act. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the 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 Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 1020C/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T