Dayanand Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.1260 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1260 of 2018 Arising Out of PS.Case No. -70 Year- 2012 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Dayanand Singh, Son of Late Bishwanath Singh, Resident of VillageKhajwati, P.S.- Magadh University, Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with M.U. P.S. Case No. 70 of 2012, registered under Sections 341, 323, 406, 504 and 506/34 of the Indian Penal Code. The accusation is that complainant/informant and her husband negotiated to purchase the land of 24 Kathas to Kamla Devi, in presence of her five sons including the petitioner and Kamlesh Kumar Verma and Rajesh Prasad and Rs.3,01,000/- was paid in different occasions till 11.06.2008. Out of 24 Kathas land, Kamla Devi executed the sale deed in respect to 19 Kathas and remaining 5 Kathas was to be executed. Later on, Kamla Devi and her sons including the petitioner avoided to execute the sale deed

Patna High Court Cr.Misc. No.1260 of 2018 (2) dt.11-01-2018 while she was ready to pay Rs.11,000/-.

Learned counsel for the petitioner submits that it would appear from the complaint petition, which is the basis of F.I.R., that the dispute is of civil in nature. Moreover, the agreement to execute the sale deed has been done in between the complainant/informant and Kamla Devi, but petitioner being the son of Kamla Devi has falsely been implicated in this case. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Gaya, in connection with M.U. P.S. Case No. 70 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T