Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62497 of 2022 Arising Out of PS. Case No.-745 Year-2019 Thana- DANAPUR District- Patna ====================================================== ASHOK KUMAR SINGH Son of Shekhi Lal Singh Resident of Village- Tulsi Nagar, Bazar Samiti, Gola Road, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumar Amrita Wife of Sunil Kumar R/V- Dhodhi, P.S.- Bandeya, DistrictAurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 745 of 2019, registered for the offences punishable under Sections 323, 504, 420, 406 and 120(B) of the Indian Penal Code.

Kumari Amrita is complainant. As per allegation, she entered into an agreement with co-accused Manbodh Yadav for purchase of 1.125 decimals of land appertaining to Khata

Patna High Court CR. MISC. No.62497 of 2022(3) dt.14-12-2022 2/3 No. 619, Plot No. 796, Thana 21, measuring 7 dhoor. The entire consideration money was paid to the co-accused Manbodh Yadav and the present petitioner, who is his partner. Later on, the complainant came to know that the sale deed was executed for a different piece of land other than the contracted one. The learned counsel for the petitioner has submitted that co-accused Manbodh Yadav @ Manbodh Kumar was granted anticipatory bail by this Court, vide order dated 22.04.2022, in Cr. Misc No. 14852 of 2021 on his assurance to return the entire consideration money to the complainant. The co-accused Manbodh Yadav could not arrange the money, as such, the time granted by this Court for surrender was extended twice.

The learned counsel for the petitioner has submitted that the petitioner is handing over a cheque bearing No.337337 of Rs. 8,75,000/- (Eight lakhs seventy five thousand rupees) in favour of Kumari Amrita, to the learned counsel, Sri Yugal Kishore, who is present in the Court. He received the cheque. Within a period of one week from clearance of that cheque, the complainant shall execute the sale deed of the land in favour of the petitioner, Ashok Kumar Singh. With these observations, the petitioner in the event of

Patna High Court CR. MISC. No.62497 of 2022(3) dt.14-12-2022 3/3 his arrest or surrender within four weeks before the learned court below is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Danapur in connection with Danapur P.S. Case No. 745 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Mahesh U T