Patna High CourtCR. MISC./61233/2017disposed

Mirtunjay Kumar v. State Of Bihar And ANR

2018-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61233 of 2017 Arising Out of PS.Case No. -366 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mirtunjay Kumar, son of Late Amar Nath Gupta, Resident of villageChhoti Badalpura, P.S. Khagaul, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arun Kumari Sinha, S/o Shashi Bhushan Pd. Moh- Nimtalla Road, Khagaul, P.O. & P.S.- Khagaul, Distt.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manohar Prasad Singh For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2018 The petitioner seeks anticipatory bail in connection with Complaint Case No. 366(C) of 2016 registered for the offences punishable under Section 420 of the Indian Penal Code. Despite valid service of notice on the Opposite Party No.2, neither the Opposite Party No.2 nor his counsel has bothered to appear in this case.

Heard the learned counsel for the petitioner and learned counsel for the State.

The prosecution case, according to the complaint petition, is that one Arun Kumar Sinha agreed to sell a house along with land belonging to the complainant and an agreement was also entered into as well as the sale consideration was fixed at Rs.35,00,000/-

Patna High Court Cr.Misc. No.61233 of 2017 (3) dt.19-02-2018 2/2 out of which a sum of Rs. 11,00,000/- is said to have been paid to the petitioner as earnest money. It has been further alleged that the petitioner herein, who is the owner of the said land, is refusing to get the land registered in favour of the complainant. The learned counsel for the petitioner submits that the present dispute is purely a dispute of civil nature and the remedy of the petitioner lies before the appropriate court of civil jurisdiction. Having regard to the facts and circumstances of the case, the provisional bail already granted to the petitioner herein by an order dated 22.12.2017 is confirmed.

The petition is disposed of.

(Mohit Kumar Shah, J) BTiwary/- U T