Rajendra Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.13531 of 2017 (2) dt.20-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13531 of 2017 Arising Out of PS.Case No. -274 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Rajendra Prasad, Son of Ram Basant Ram, Resident of Behind Progressive Steel Plant, Polsan, P.O. & P.S. Digha, District Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate. For the Opposite Party/s : Mr. Sri Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Digha P.S. Case No. 274 of 2015, registered under Sections 419, 420, 387, 406, 504, 506 and 120(B) of the Indian Penal Code. The allegation of informant is that petitioner along with his family members entered into an agreement with him to execute the sale deed of the land. Accordingly, the agreement deed was prepared and petitioner and his family members took cash of Rs.39,57,500/- from the informant but later on petitioner and his family members avoided to execute the sale deed as per the agreement.
Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.13531 of 2017 (2) dt.20-06-2017 petitioner and his family members negotiated to execute the sale deed in favour of the informant but only Rs.3,00,000/- was paid to the petitioner by the informant as advance and remaining Rs.10,00,000/- is still due and due to that reason the sale deed has not been executed. Moreover, the dispute appears to be of civil in nature.
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, Patna, in connection with Digha P.S. Case No. 274 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T