Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70435 of 2019 Arising Out of PS. Case No.-740 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHAILENDRA KUMAR S/O Birendra Kumar Chaudhary Resident of New yarpur, NeyaTola, Saristabad Road, Kachhitalab, P.O.- GPO, P.S.- Gardanibagh. Dist- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manoj Kumar Verma S/o Ramchandra Prasad Resident of VillageChitkohara, Bajar, P.O. Anishabad, P.S.- Gardanibagh. Dist- patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.740(C)/2018 registered under Section 420 of the Indian Penal Code.

The accusation is that complainant/O.P. No.2 became ready to purchase the land at the rate of 46 lakh per katha fixing the total consideration amount of Rs.2,07,00,000/- from the accused/petitioner Shailendra Kumar and at the time of agreement, Rs.2,00,000/- was handed over to him as advance. According to agreement to sale, Rs.30,00,000- was to be paid in between 06.01.2018 to 31.01.2018 and remaining amount of

Patna High Court CR. MISC. No.70435 of 2019(2) dt.18-11-2019 2/2 Rs.1,75,00,000/- was to be paid within six months. On 26.01.2018 complainant went to the house of petitioner and asked to take Rs.30,00,000/- but the petitioner did not take any heed.

Learned counsel for the petitioner submits that petitioner was unable to complete the terms of agreement to sale entered between him and complainant hence he paid Rs.2,00,000/- to complainant through demand draft on 12.03.2018 which was credited in account of complainant/O.P. No.2 which would appear from Annexure-2.

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 learned ACJM, Patna in connection with Complaint Case No.740(C)/2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Prakash Narayan /- U T