Hari Kant Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2829 of 2019 Arising Out of Complaint Case No.-58 Year-2017 District- Purnia ====================================================== Hari Kant Das, son of Late Yadu Nandan Das, Resident of Village - Ranibari Khokha, P.S. and District - Purnea ... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamla Devi, wife of Sri Prem Narain Singh, Resident of Village - Garhiya Bishunpur, P.S. - K. Nagar, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Bijendra Kumar Singh For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP For the Opposite Party No. 2 :
Mr. Ajit Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with complaint case, namely, C.A. Case No. 58 of 2017 instituted for the offences under Sections 420, 427, 406, 467, 468 and 34 of the Indian Penal Code. The petitioner is a sale-deed writer whose name has also been cited in the complaint petition. Mr. Yogesh Chandra Verma, learned senior advocate appearing for the petitioners has submitted that there is no evidence on record or proof of the fact of
Patna High Court CR. MISC. No.2829 of 2019(4) dt.27-03-2019 2/3 payment of Rs. 2 lakhs and odd by the complainant / Opposite Party No. 2.
In opposition to the aforesaid submission, the learned counsel for the complainant / Opposite Party No. 2 has submitted that the sale-deed was prepared but was only left to be executed when the other accused persons denied their responsibility of conveying the plot for which they had accepted money.
In the absence of any proof of transaction of money between the parties, this Court is inclined to grant anticipatory bail to the petitioner, who is only the deedwriter. For the reasons aforesaid, the petitioner, abovenamed, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with complaint case,
Patna High Court CR. MISC. No.2829 of 2019(4) dt.27-03-2019 3/3 namely, C.A. Case No. 58 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U