The Patna High Court granted anticipatory bail to the petitioner in a case involving cheating and criminal harassment, noting the matter arose from a civil dispute over the sale of a property.
Anticipatory bail granted on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount.
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.25922 of 2017
Arising Out of PS.Case No. -1137 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA
====================================================== Ram Bihari Mahto, aged about 48 Years, Son of Late Shiv Chandra Mahto, Resident of Mohalla- Jai Hind Gali, Aalamganj, Police Station- Aalamganj, District- Patna.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Pandey, Adv. For the Opposite Parties : Mr. Amit Kumar Rakesh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 10-08-2017 Heard learned counsel for the parties.
In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.1137 of 2014, registered for the offence punishable under Sections 406, 420, 504, 323, 120-B/34 of the Indian Penal Code.
As per the complaint, the petitioner and his wife have proposed to sell out their house and the complainant was agreed to purchase the same and part consideration payment has been made by the complainant, but the petitioner has neither executed the sale deed in favour of the complainant nor returned the money.
Patna High Court Cr.Misc. No.25922 of 2017 (3) dt.10-08-2017
2/2
Considering the fact that it is a civil dispute, let the petitioner-Ram Bihari Mahto, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna City, Patna, in connection with Complaint Case No.1137 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J)
pawan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case arising from a civil dispute regarding the sale of a house.
1 provisions across 1 enactments
Ram Bihari Mahto
The State of Bihar
Prahalad Prasad Pal
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
