Satish Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1540 of 2019 Arising Out of PS. Case No.-5008 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Satish Singh, son of late Prakash Singh, resident of Prakash Nagar, Naya Tola Phulwarisharif, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Anand Dwelling Pvt. Ltd. Having its registered office at 2nd Floor, Grand Apartment, Dak Banglow Road, Patna through its Managing Director, Mr. Manish Anand, aged about 39 years, son of late Hemant Kumar Jha, R/o Anand Villa, Opposite Udaigiri Apartment, Budha Marg, P.S.-Kotwali, Patna Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 5008C of 2017 registered under Sections 406, 418 and 420 of the Indian penal Code.

The dispute is with respect to terms for construction of residential -cum-commercial complex. Petitioner happens to be owner of the land whereas O.P.No. 2 is builder. After some arguments, both parties reached to an agreement and according to that petitioner has to deposit Rs. 87 lacs by bank drafts in the name of O.P.No. 2 in three equal installments payable within a period of seven months to which first installment be paid within a period of one month.

Patna High Court CR. MISC. No.1540 of 2019(5) dt.28-02-2019 2/2 In such view of the matter, let petitioner surrender within a period of six weeks from the date of receipt of a copy of this order with first installment of Rs. 29 lacs by bank draft in the name of O.P. No. 2. Thereafter, the court below shall release the petitioner on provisional bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna in connection with Complaint Case No. 5008C of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, for a period of five months during which period he shall have to pay rest amount on two equal installments. Once, rest amount is paid within the period of five months, his provisional bail shall be confirmed, otherwise provisional bail bond shall be liable to be cancelled.

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