Manoj Kumar Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31778 of 2018 Arising Out of PS.Case No. -477 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Manoj Kumar Sinha, S/o Late Anirudh Prasad Sinha,

2. Sushma Sinha, W/o Manoj Kumar Sinha, All R/o Mohalla- New Area Beshar Talab, Q. No.1, Power House P.S.- Civil Line, Dist- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-05-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.

Petitioners apprehends arrest in Kotwali PS Case No. 477 of 2015, registered under Sections 406 and 420 of the IPC. The allegation in brief is that a house of auctioned by Bihar State Finance Corporation and the bid went in favour of petitioner No. 2 on paying amount of twenty-eight lakh and it is alleged that the informant gave fifteen lakh fifty thousand rupees to the petitioners for purchasing the house on understanding that there shall be 50% share in between the informant and petitioner No. 2 out of the profit after resale of the house however the house was sold in one crore rupees but the share of the informant was not given. Learned Counsel for the petitioner contends that the petitioners were directed to deposit demand draft and the bank did not issue demand draft above ten lakh rupees in one day so the petitioners took help of his two-three friends including the informant and demand draft of nine lakh rupees was made by the informant in favour of Bihar State Finance Corporation on behalf of the petitioners

Patna High Court Cr.Misc. No.31778 of 2018 (2) dt.22-05-2018 but later on nine lakh rupees was deposited by the petitioners in informant's account moreover there was no agreement of purchasing the auctioned house in partnership, the house was purchased by petitioner No. 2 who is the registered owner and after investigation the police submitted final form.

Whereas learned Counsel for the State submits that despite oral agreement share of the informant was not given by the petitioners.

Having considered the said facts and circumstances as the nature of dispute predominantly appears to be of civil nature, so the petitioners namely Manoj Kumar Sinha and Sushma Sinha are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Swati Singh, Judicial Magistrate, lst Class Gaya in connection with Kotwali PS Case No. 477 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Arun Kumar, J) Snkumar/- U T