In this criminal miscellaneous matter, the High Court at Patna considered a bail application in a case alleging cheating and breach of trust. The court allowed bail on the condition of furnishing a bond and sureties.
Applicant released on bail upon furnishing a bond 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.23284 of 2019
Arising Out of PS. Case No.-1495 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
ASHOK KUMAR son of Late Ramadhin Prasad, resident of Mohalla - Postal Park, House No. 4, Road No. 1, P.S.- Kankarbagh, Distt - Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Chandrashekhar For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 11-04-2019 Heard the parties.
Petitioner seeks bail in Complaint Case No.
1495(c) of 2018 registered under Sections 406, 420, 506 and 120(B) of the I.P.C.
Accusation is that the petitioner along with his
wife Veena Devi were accompanied by Kumkum Devi and Geeta on 2.2.2017 to the house of the complainant Fulkumari Devi, for the purpose of selling the house situated at Postal Park, Patna in the month of February,
Patna High Court CR. MISC. No.23284 of 2019(2) dt.11-04-2019 2/3
Learned counsel appearing of behalf of the petitioner submits that it would appear from the allegation as made in the complaint petition dispute is of civil nature and the petitioner having no criminal antecedent is in custody since 02.02.2019.
On the other hand learned counsel for the informant submits that in spite of the approach made by
Patna High Court CR. MISC. No.23284 of 2019(2) dt.11-04-2019 3/3
the complainant the petitioner did not take care to execute the sale deed and the petitioner and his two sons have executed the agreement to sell regarding the aforesaid house in favour of one Yasoda Devi on 12.02.2017.
Having regard to the facts and circumstances of the case and nature of allegation, let the petitioner, above named, be released on bail on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the A.C.J.M.XIV, Patna, in Complaint Case No. 1495 (c) of 2018.
(Rajendra Kumar Mishra, J)
aks/-Rahul
U
2 issues framed by the court
Whether bail should be granted to the petitioner accused of cheating and criminal breach of trust in a dispute regarding sale of property.
Whether the nature of the allegations involving a civil dispute regarding house sale warrants bail.
1 provisions across 1 enactments
Ashok Kumar
The State of Bihar
Phul kumari Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
