Md. Tamanna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38731 of 2018 Arising Out of PS.Case No. -229 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Md. Tamanna S/o Late Sataur Rahman, R/o Vill.- Alinagar, P.S.- L.N.M.U. , District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioner is apprehending his arrest in connection with Laheria Sarai P.S. Case No. 229 of 2014, registered for offences punishable under Sections 406, 419, 420, 468, 323, 504/34 of the Indian Penal Code.

Allegation as per F.I.R that informant and co-accused entered into an agreement for sale and purchase of certain piece of lands for a consideration of Rs. 35 lacs and it is alleged that out of the said 35 lacs co-accused paid Rs. 16,20,200/- and on the assurance of the petitioner that the remaining amount will be paid, the informant executed the sale deed in favour of co-accused of this case. However, the co-accused did not pay the remaining amount.

It has been submitted on behalf of the petitioner that he

Patna High Court Cr.Misc. No.38731 of 2018 (2) dt.06-07-2018 2/3 has is neither purchaser nor the seller and petitioner only happens to be the broker in the negotiation between the informant and coaccused. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga, in connection with Laheria Sarai P.S. Case No. 229 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.38731 of 2018 (2) dt.06-07-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T