Kalendra Narayan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35301 of 2018 Kalendra Narayan Singh Son of Late Basudev Prasad Singh, R/o- Shaibya Basudev Bhawan C/C- 61 Patliputra Sports Club, near at Gayatri Mandir, P.C. Colony, P.S.- Kankarbagh, District- Patna, at present Priyanka Girls Hostel, House No.- 1/15, Rup Nagar, New Delhi- 110007 and E- 5 Second Floor, Satyawati Nagar, Ashok Vihar, Delhi- 110052 .... .... Petitioner

Versus

1. The State of Bihar.

2. Sudhir Kumar, Son of Late Ram Nandan Singh, R/o- 77G, Anandpuri West Boring Kenal Road, P.S.- Srikrishnapuri, District and TownPatna. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the complainant.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 3964[C]/ 2017 in which cognizance has been taken under Sections 406 and 120(B) of the Indian Penal Code.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.35301 of 2018 (2) dt.28-06-2018 2/3 petitioner that the entire complaint instituted by the complainant is based on a forged and fabricated agreement for sale. It is submitted that the complainant has deliberately suppressed the original agreement for sale and has fabricated a false agreement in order to establish his claim that there was agreement for sale of four plots, whereas the truth is that agreement was only for sale of two plots. It is submitted that even otherwise, the dispute is purely civil in nature but in order to blackmail and coerce the petitioner, a criminal case has been instituted. On the other hand, learned counsel for the complainant submitted that no forged document has been created by the complainant. He submitted that an agreement was executed between the parties in which the complainant had agreed for sale of four plots to the petitioner and also taken advance against those plots.

Considering the nature of offence and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Manish Kumar, J.M 1st Class, Patna in Complaint Case No.

Patna High Court Cr.Misc. No.35301 of 2018 (2) dt.28-06-2018 3/3 3964[C]/ 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Kanchan/-Sneha U T