Shree Shailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44427 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -AGAMKUAN District- PATNA ====================================================== Shree Shailendra Kumar, Son of Sri Chandra Kumar Jha @ Lila Kant Jha, Resident of at F - 61, Anand Vihar Colony, Bhot Nath Road, P.S. Agamkuan, District - Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Agamkuan P.S. Case No.114 of 2016 registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. The accusation is that the informant Kiran Devi and one Raj Kumari Devi, purchased two Kathas of land on payment of Rs.17,68,000/- from Manju Thakur in the mediation of this petitioner. When the informant and Raj Kumari Devi went at the purchased land for demarcation and got erected the boundary wall, then Ashok Kumar, Chandrashekar Kumar and Pankaj Kumar made protest. Thereafter, the informant came to know that this
Patna High Court Cr.Misc. No.44427 of 2016 (2) dt.27-10-2016 2/3 petitioner has already executed the sale deed of the purchased land in favour of Mahesh Prasad, Ashok Kumar, Chandrashekhar Kumar and Pankaj Kumar. On coming to know this fact when the informant and Raj Kumari Devi went to the house of the petitioner, the petitioner admitted his guilt and requested them for giving some time to return the money. On 06.01.2016, when the informant and Raj Kumari Devi went to the house of the petitioner then Rakesh Kumar, the brother of the petitioner, made intervention and gave assurance that cash of Rs.17,68,000/- with expenses of registry will be returned to them till 31.03.2016 but the same has not been returned to them.
Learned counsel appearing on behalf of the petitioner submits that it would appear from perusal of Annexure-'2' series that the sale deeds dated 04.11.2015 were executed in favour of the informant and Raj Kumari Devi by one Manju Thakur and this petitioner was simply the witness of the sale deed but with an ulterior motive, this case has been lodged making allegation against the petitioner that he was mediator in executing the sale deed in favour of the informant and Raj Kumari Devi. Further submission is that the petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court Cr.Misc. No.44427 of 2016 (2) dt.27-10-2016 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, District-Patna, in connection with Agamkuan P.S. Case No.114 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T