Sri Narayan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82678 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== SRI NARAYAN GIRI Son of Late Ramadhar Giri @ Late Ramawar Giri Resident of Village - Nagdaha (Giri Tola), P.S. - Malahi, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raju Giri S/O Sri Yogendra Giri Resident of Village - Nagdaha (Giri Tola), P.S. - Malahi, District - East Champaran.

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Govindganj(Malahi) P.S. Case No. 231 of 2019, disclosing the offence under Sections 420, 406/34 of the Indian Penal Code. On perusal of the FIR, it appears that the dispute between the informant and the petitioner is in relation to execution of sale-deed on alleged payment of the consideration amount of Rs. 3,44,000=00 by the informant. It is alleged that despite the fact that the informant had paid the consideration amount, the persons named in the FIR have refused to execute the sale-deed. They had issued cheques which stood dishonoured Learned counsel appearing on behalf of the informant

Patna High Court CR. MISC. No.82678 of 2019(3) dt.18-06-2020 2/2 has vehemently opposed the prayer for bail.

It is the petitioner's case that apparently the nature of dispute is of civil nature and criminal case has been lodged for putting undue pressure on the accused persons. Be that as it may, considering the nature of allegation, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed.

Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Govindganj (Malahi) P.S. Case No. 231 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

Rajesh/- (Chakradhari Sharan Singh, J) U T