This bail petition was disposed of by releasing the petitioners on bail subject to furnishing a bond of Rs. 10,000 each with two sureties within four weeks of receipt.
The petitioners to be released on bail upon furnishing bond of Rs. 10,000 each with two sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32117 of 2014 Arising Out of COMPALINT CASE No. -100C Year- 2014 Thana -KHAGARIA DistrictKHAGARIA ====================================================== 1. Renu Devi, Wife of Jitendra Prasad Sah, Head Mistress, Girl Middle School, Maheshkhunt 2. Jitendra Prasad Sah, son of Late Shibu Sah Both are Resident of Maheshkhunt, P.S. Maheshkhunt, District - Khagaria .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 21-01-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Complaint Case No. 100C of 2014 registered under Sections 323, 420, 406, 468 and 120(B) of the I.P.C.
Accusation is that petitioners approached the complainant Sunil Keshari with proposal to execute the sale deed in respect to one Katha land on payment of consideration Rs. 6,00,000/-. After payment of Rs. 51,000/-, the petitioners executed the deed of agreement to sale but later on, they refused to execute the sale deed in spite of offering of complainant to execute the sale deed on taking remaining amount.
Patna High Court Cr.Misc. No.32117 of 2014 (3) dt.21-01-2015
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Learned counsel appearing on behalf of the petitioners submits that petitioners were in need of money to perform the marriage of their daughter, due to that reason the petitioners approached the complainant to execute the sale deed of one Katha land on payment of Rs. 6,00,000/- and complainant paid advance and accordingly, petitioners executed the agreement to sale but the complainant could not acted upon the rest amount within time. It is further submitted that more over the case is of
civil nature.
Having considered the facts and circumstances of the case, let the above named petitioners, in the event of arrest or surrender before the Court below within four weeks from the date of receipt/production of the copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Khagaria in connection with Complaint Case No. 100C of 2014, subject to the conditions as laid down under Section 438(2) of Cr. P.C.
(Rajendra Kumar Mishra, J.)
Shail/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail on furnishing security in the present complaint case involving property dispute.
Whether the civil nature of the underlying dispute warrants the exercise of extraordinary jurisdiction to grant bail.
1 provisions across 1 enactments
Renu Devi and Jitendra Prasad Sah
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
