Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30553 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Dharmendra Kumar Son of Bambam Singh Resident oif Village/MohallaMaheshwara, P.S. Naokothi, District Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Naokothi P.S. Case No. 25 of 2017 registered for offences punishable under Sections 406, 420, 504 and 506/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that a sale deed was executed regarding certain lands for which payment was made through cheque and cash. Both parties agreed for sale and purchase of certain other lands for which advance by cheque was given, but sale deed has not been executed by the petitioner and other accused.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.30553 of 2017 (4) dt.03-08-2017 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that matter relates to civil dispute and that the petitioner has not usurped the money given by the informant.

However, learned counsel appearing on behalf of the informant submits that the petitioner along with other co-accused had agreed to return the money or execute the sale deed in favour of the wife of the informant, Shanti Devi before the Gram Kachahri, but had disobeyed the same, hence, opposes the prayer for bail. Learned A.P.P. for the State also opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Begusarai in connection with Naokothi P.S. Case No. 25 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ Court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear

Patna High Court Cr.Misc. No.30553 of 2017 (4) dt.03-08-2017 3/3 before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds and that petitioner will cooperate with the investigation.

(Nilu Agrawal, J.) Arjun/- U T