Murlidhar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.153 of 2019 Arising Out of PS. Case No.-1062 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Murlidhar Pandey Son of Late Ganalal Pandey Resident of Gandhi Path, Macchligali, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Smt. Pramila Devi aged about 50 years, Wife of Sri Kaushal Kishore Prasad, Resident of Prasad Bhwan, Lalji Tola, Behind C.D.A. Building P.O.- G.P.O., P.S.- Gandhi Maidan, District- Patna.

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

For the Petitioner/s :

Mr. Satish Chandra Mishra For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1062(C) of 2017, disclosing offences under Sections 420 and 406 of the Indian Penal Code. It appears from the order dated 15.01.2019 passed by a Coordinate Bench of this Court where the learned counsel for the petitioner submits that he is ready to deposit the money along with 12% compound interest.

Allegation against the petitioner is that he sold a piece of land to the complainant in the year 1992 on consideration money of Rs.32,000/- and the possession of the said land has not been handed over to the complainant.

Learned counsel for the petitioner has submitted that though it is out and out civil dispute, he is ready to pay the amount

Patna High Court CR. MISC. No.153 of 2019(5) dt.16-04-2019 2/2 with 12% compound interest. Further submission of learned counsel for petitioner is that he earlier also tried to give possession over the land but local ruffian has protested, which he has stated in para-11 of his petition on oath and filed criminal case also, but later on Title Suit has been filed by original vendee. Heard learned A.P.P. as well as learned counsel for the opposite party no.2, who opposed the prayer for prayer for anticipatory bail of the petitioner and submitted that the actual price of the said land is now over Rs.50,00,000/-, as such he is not ready to take the compound interest at 12%.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SubJudge-XIII-cum-A.C.J.M., Patna, in connection with Complaint Case No. 1062(C) of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T