Kaushal Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21933 of 2018 Arising Out of PS.Case No. -345 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Kaushal Kumar .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Sinha For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends arrest in connection with Complaint Case No.345 of 2016 registered for the offence under Section 420 of the Indian Penal Code.
It is alleged that the petitioner, who is Managing Director of Sona Centre Apartments, cheated the complainant as he did not execute sale deed as per agreement between the parties. The complainant had already paid consideration amount for shop and a flat but on 27.02.2016 the petitioner gave a legal notice to the complainant to the effect that his booking has been cancelled. As per allegation, the flat was not transferred in favour of the complainant in terms of agreement.
The learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.21933 of 2018 (2) dt.26-04-2018 petitioner after receiving consideration money has executed a sale deed on 22.02.2018. Copy of the sale deed has been annexed as Annexure 3 to this application. In this regard, an affidavit of complainant has been annexed as Annexure 4 to show that now there is no grievance against the petitioner. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Judicial Magistrate,1st Class, Danapur, Patna in connection with Complaint Case No.345 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Kumar, J) Harish/- U