In a criminal miscellaneous matter arising from a cheque dishonour case regarding disputed property payments, the Patna High Court rejected the petitioners' application for anticipatory bail, noting no progress in modalities of payment.
Anticipatory bail granted in the FIR was rejected.
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.45764 of 2022
Arising Out of PS. Case No.-2161 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Shanker Modi, Adv. For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
State.
On the last occasion, on 2.1.2023, the matter was adjourned only on the ground that the learned Senior Counsel appearing then had submitted that the petitioner may be granted some time so that he can sit with the informant and decide the modalities of payment which she alleges to have given to them.
Yesterday, when the matter was called, learned counsel for the petitioner submitted that no such effort has been taken and now there is a change of guard inasmuch the NOC has
Patna High Court CR. MISC. No.45764 of 2022(3) dt.17-01-2023 2/2
been taken from the earlier office and now, he will be arguing the case on the said averment, the matter was passed over yesterday. Today also, no positive statement on the modalities of payment has been made by him.
The allegation in the FIR is as follows :
Payments were made to the petitioners for the purchase of Flat No. 401 in ‘Sona Sanat Apartment’ in Mohalla Jakkanpur under Jakkanpur P.S. in the district of Patna. As per the allegation, although the informant was allowed ‘Grih Pravesh’, the deed was never executed in her favour and upon demand of return of money, cheques were issued but when one of them was presented, it bounced as the Bank was informed for stopping of any payment. Accordingly, the case came to be instituted.
Taking into account the allegation that has come in the FIR, this Court is not inclined to grant them relief of anticipatory bail which is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /Ajay Singh/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in a case involving bouncing cheques issued for property purchase.
Whether the failure to execute a sale deed despite possession justifies constitutional relief.
NAMITA KUMARI W/O SHAITENDRA NATH SINGH
SHAILENDRA NATH SINGH S/O LATE HARENDRA NATH SINGH
The State of Bihar
RITA SINHA W/O SRI DILIP AKHAURI
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
