Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24030 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -DELHA District- GAYA ======================================================

1. Surendra Yadav Son of Karu Yadav Resident of Mohalla - Khar Khura Bhaluahi, P.S. Delha, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 406, 420, 504, 506 of the Indian Penal Code. It is alleged against the petitioner that under an agreement the petitioner received rupees four lacs for executing sale deed of the land in question in favour of the informant against the total consideration amount of rupees seven lacs but subsequently the petitioner executed the sale deed to someone else.

It is submitted by learned counsel for the petitioner that petitioner is ready to return rupees four lacs with six per cent interest calculated from the date of receiving of the money till the date of return within a period of four months. The above amount will be submitted through bank

Patna High Court Cr.Misc. No.24030 of 2015 (2) dt.14-07-2015 2/2 draft in favour of the informant before learned Court below which will be released in favour of the informant if the informant files appropriate application for disposal of the present case in view of the present settlement. Otherwise the said amount shall be deposited in some fixed deposit scheme in connection with the present case which will be subject to the result of the case.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for five months 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, Gaya in connection with Delha P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional anticipatory bail of the petitioner will be confirmed by learned Court below on submission of draft of rupees four lacs along with six per cent interest calculated from the date of receiving of the money till the date of submission of bank draft before learned Court below within a period of four months.

(Dinesh Kumar Singh, J) Shageer/- U T