← Library
Patna High CourtCR. MISC./72496/2018allowed

Rabindra Yadav v. The State Of Bihar

2019-03-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72496 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- LAXMIPUR District- Jamui * ====================================================== Rabindra Yadav, Son of Sri Naurangi Yadav, Resident of Village-Gidhaur,P.S. Gidhaur,Distt.-Jamui ... ... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Kumari, wife of Sanjeev Kumar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Gupta, Advocate.

Mr. Prakash Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajesh Kr. Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Laxmipur (Gidhaur) P.S. Case No. 103 of 2018 registered under Sections 420, 467 and 468/34 of the Indian Penal Code. The accusation is that, on 05.02.2016, petitioner along with his brother Chandan Yadav and father Naurangi Yadav executed an agreement to sale the land in favour of informant, Priyanka Kumari and at that time, they had taken Rs.65,000/- as advance. When the informant approached to petitioner, his brother and father to execute the sale deed then they did not take any heed. Thereafter, informant gave an

Patna High Court CR. MISC. No.72496 of 2018(4) dt.12-03-2019 2/2 application before the Gram Kachri, Parsand, where in spite of notice, they did not appear and due to that reason, order could not be passed.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive. Moreover, the contents of the F.I.R. itself indicates that the dispute is of civil in nature and petitioner has no criminal antecedent.

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 the Judicial Magistrate Ist Class, Jamui, in connection with Laxmipur (Gidhaur) P.S. Case No. 103 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T