Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82987 of 2019 Arising Out of PS. Case No.-583 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== ASHOK KUMAR Son of Bhanu Pratap Gupta R/o Ratanpura, Ojha Toli, P.S. - Bhagwan Bazar, Dist.- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nirmala Devi Wife of Shailesh Kumar Singh Resident of Village - Matkeshri, P.S. - Jalalpur, Dist.- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 417, 420, 467, 468 and 471 of the Indian Penal Code. The criminal case arises out of a transaction of sale of property and allegation is of cheating to opposite party no.2. The parties reconciled and the petitioner refunded entire consideration money to opposite party no.2.

Patna High Court CR. MISC. No.82987 of 2019(7) dt.15-09-2020 2/3 Learned counsel for the opposite party no.2 submits that opposite party no.2 has already received a cheque of rupees four lakh and fifty thousand from the Court below. A supplementary affidavit has been filed on behalf of the petitioner bringing aforesaid fact on the record. Hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Town P.S. Case No. 583 of 2019 arising out of Complaint Petition No. 3269 of 2019, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.82987 of 2019(7) dt.15-09-2020 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T