Kanindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83200 of 2019 Arising Out of PS. Case No.-293 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== KANINDRA KUMAR Son of Late Sadhu Sharan Singh Resident of VillageYashwantpur, Police Station-Chandi, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rajgir P.S. Case No. 293 of 2019, registered under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code. The accusation is that Kanindra Kumar (Petitioner) used to reside at rented house of Saroj Singh in village - Sabalpur came with a lady at the house of informant Vijay Kumar. The lady introduced herself as Rekha Sinha, wife of Ramanandan Prasad, resident of Bodhi Bigha, P.S. Chandi, District-Nalanda and she expressed her desire to sell 14 decimal of land of Plot No. 219, Khata No. 11 situated in village-Nimapur. After negotiation, informant became ready to purchase the said land at the rate of Rs. Four Lakh per

Patna High Court CR. MISC. No.83200 of 2019(2) dt.09-01-2020 2/3 decimal. On 10.04.2019, agreement was prepared on which Manash Prakash, who claims to be the son of Rekha Sinha along with petitioner and Jagdish Prasad put their signatures on the agreement. Thereafter, at the time of agreement, Rs. Five Lakh and cheque of Rs. One Lakh & Rs. Three lakh had been given to Rekha Devi in presence of petitioner. Later on, on 20.04.2019, he gave Rs. 29,00,000/- to Rekha Sinha in presence of petitioner in which Rekha Sinha put her signature on agreement. Thereafter, on the instruction of the informant Rekha Sinha executed the sale deed on 20.04.2019 in respect to 11 decimal of land in favour of Mrinal Kumar showing the consideration amount of Rs. 407000/-. On 22.04.

2019, Rekha Sinha executed the sale deed in respect to three decimal land in favour of wife of informant and after execution of the sale deed remaining negotiated amount of Rs. 18,00,000/- handed over to Rekha Sinha in presence of the petitioner. Thereafter, on the basis of two sale deeds, they mutated their names. After sometimes, one person talked on mobile introducing himself as Ramanandan Prasad that Rekha Sinha, who had executed the sale deed is a fake lady and she is not his wife.

Patna High Court CR. MISC. No.83200 of 2019(2) dt.09-01-2020 3/3 sale deed executed in between Rekha Sinha and informant. The petitioner is not beneficiary in any manner. The petitioner is in custody since 02.09.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, 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 the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 293 of 2019.

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