Ramjee Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8917 of 2018 Arising Out of PS.Case No. -165 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ramjee Das S/o Late Dhram Das, R/v Phulwariya, P.O.- Baikatpur, P.S.- Khushrupur, Distt.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gopal Rai S/o Late Chandradip Rai, R/o Village- Bahrampur, P.S.- Raghopur, Distt.- Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.165(c) of 2017 , registered for offences punishable under Section 420 of the Indian Penal Code. Allegation against the petitioner as per FIR is that he has entered into the agreement with the complainant for sale of his landed property with house on consideration money of Rs.4,50,000/- and the complainant had given Rs.50,000/- but in spite of that he has not executed the sale-deed. Submission of the learned counsel for the petitioner is that as total amount has not been paid within the period as mentioned in the agreement i.e. three months and he is ready to return the

Patna High Court Cr.Misc. No.8917 of 2018 (4) dt.25-06-2018 2/2 amount to the complainant.

Heard learned complainant.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of 12 weeks along with the bank draft of Rs.50,000/- in favour of the complainant, which will be released in favour of the complainant and once the bank draft is submitted the learned court below will release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VI, Patna City, Patna in connection with Complaint Case No.165 (C ) of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

In the meantime, for 12 weeks from the date of order, no coercive steps will be taken against the petitioner. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T