Manoj Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35755 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Manoj Choudhary, Son of Late Ganesh Chaudhary, Resident of MohallaMahalper, P.S.- Bihar, Dist- Nalanda. ... ... Petitioner

Versus

1. The State of Bihar.

2. Yogendra Prasad, S/o Late Harilal Mahto, Resident of Mohalla- Mahalpar, P.S.- Biharsharif, Dist- Nalanda.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Parties :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner is apprehending his arrest in connection with Complaint Case No. 207C of 2017 for the offences registered under Sections 406, 420 of the Indian Penal Code. Complainant in his complaint has alleged that Manoj Choudhary (Petitioner) and his wife Asha Devi have sold their house to the complainant for Rs. 16,00,000/- out of which complainant paid Rs. 5,00,000/- and thereafter paid rest of the amount in installment. It has been alleged that after paying the amount petitioner neither executed the sale deed nor returned the amount.

Patna High Court Cr.Misc. No.35755 of 2018(5) dt.11-09-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has not committed any offence. He has been falsely implicated in this. The allegation is false and fabricated. He has got no criminal antecedent. It has been further submitted that similarly placed co-accused Asha Devi has been granted anticipatory bail by co-ordinate Bench of this Court in Cr. Misc. No. 30231 of 2018 vide order dated 04.07.2018. Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Bhiarsharif in connection with Complaint Case No. 207C of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J.) Rajiv/manoj U T