A Criminal Miscellaneous petition filed by the accused, apprehending arrest in a case alleging cheating and criminal breach of trust over a land sale dispute. The court granted interim bail bonds subject to specific conditions.
Petitioners released on bail on furnishing bonds of Rs. 10,000/- each with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13399 of 2017
Arising Out of PS.Case No. -58 Year- 2016 Thana -GOPALPUR District- PATNA
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Kumar For the Opposite Party/s : Smt. Sahin Begam, A.P.P. For the informant : Sri S.S,Pd,Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 18-07-2017
The petitioners are apprehending their arrest in Gopalpur P.S.CaseNo.58/16 for the offence under Sections 406, 420/34 of the I.P.C.
Accusation is that the informant Anil Kumar Jha approached the petitioners to purchase the land measuring 2 katha of Plot No.413, Khata No.97 of Mauza- Sheikhpura, P.S. Ram Krishna Nagar, District – Patna, in consideration of Rs.31,00,000/out of which he paid Rs.10/- lacs. Thereafter he paid the entire consideration amount on different dates and thereafter he asked the petitioners to execute the sale deed but he started to avoid to
Patna High Court Cr.Misc. No.13399 of 2017 (3) dt.18-07-2017
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execute the sale deed as he had already sold the said land on 27.08.2012. Despite repeated demands made by the informant, the petitioners maid only part payment a sum of Rs.13,00,000/- to the informant.
On the other hand, learned counsel for the petitioners submits that, in fact, the informant refused to get executed the sale deed. Further submission is that the dispute as disclosed in the F.I.R, is of a civil nature.
Having considered the facts and circumstances of the case and nature of the offence, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Ragini Kumar, J.M., 1st Class, Patna, in Gopalpur P.S. Case No.58 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
AnilKrSinha/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail bonds under Section 438 Cr.P.C. pending the proceedings in Police Case No. 58 of 2016.
Whether the dispute arising out of the alleged sale of land is purely of a civil nature.
1 provisions across 1 enactments
Asharfilal Singh
Manish Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
