Ram Bachan Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60225 of 2017 Arising Out of PS.Case No. -2951 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ram Bachan Rai, S/o Ram Janam Rai, Resident of Digha Ghat Patipul, P.S.- Digha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Renu Sinha, W/o Idris, Resident of Mohalla- Rajiv Nagar, P.S.- Rajiv Nagar, District- Patna.

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate.

For the opposite party No. 2 : Mr. Kamlesh Kumar Singh, Advocate. For the State : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 2951(C) of 2016 instituted for the offence under Section 406 of the Indian Penal Code and Section 138 of N.I. Act. It is alleged by the complainant that Ram Bachan Rai (petitioner) agreed to sale 13 Dhoors of land to the complainant on consideration amount of Rs.5,00,000/- which was paid by the complainant in installments within a year. It is further alleged that the accused persons on 4.4.2011 executed Power of Attorney in favour of the complainant. Thereafter, the complainant went to Assam along with her husband and when she came back in the

Patna High Court Cr.Misc. No.60225 of 2017 (3) dt.07-02-2018 2/2 year 2016, she found that on her land, a house was constructed. It is alleged that after executing Power of Attorney in her name, the accused person sold the said land to another person. Thereafter, the Complainant asked the accused persons to return her consideration amount on the basis of market value of the land which was assessed to the tune of Rs.13,00,000/-. It is alleged that accused persons gave three cheques of Rs.13,00,000/- to the complainant, which was dishonoured due to insufficient fund. Thereafter, complainant sent legal notice but the petitioner neither replied nor returned the money.

In this manner, there is specific allegation against this petitioner in the complaint petition.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T