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Patna High Court - Orders

Mrigendra Deo @ Mrigendra Kumar Deo vs State Of Bihar & Anr on 9 November, 2016

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.18581 of 2016
                   Arising Out of PS.Case No. -2477 Year- 2015 Thana -PURNIA COMPLAINT CASE District-
                                                           PURNIA
                 ======================================================
                 Mrigendra Deo @ Mrigendra Kumar Deo Son of Late Kameshwar Deo R/o
                 village - Professor Colony, Rambag, P.S. Sadar, District - Purnea

                                                                                 .... ....   Petitioner
                                                     Versus
                 1. The State of Bihar
                 2. Chandan Kumar Barnwal Son of Shoba Nand Barnwal R/o village -
                 Gerki, P.S. Jokihat, P.S. & District - Araria

                                                              .... .... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       : Mr. N.K. Agrawal, Sr. Advocate.
                 For the Opposite Parties : Mr. Dinesh Singh(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                 ORAL ORDER

9   09-11-2016

Heard both sides.

The petitioner apprehends his arrest in C.A. No. 2477 of 2015 registered for the offences punishable under Sections 406 and 417 of the Indian Penal Code.

The gist of the allegation is that the petitioner executed a sale deed for a piece of land, but inserted wrong revision survey plot number.

Shri N.K. Agrawal, learned senior counsel for the petitioner submits that the petitioner is ready to get the sale deed rectified and he is also ready to return the amount of consideration taken by the petitioner, on such Shri Kumar Mangalam, learned counsel appearing for opposite party no. 2 did not raise any Patna High Court Cr.Misc. No.18581 of 2016 (9) dt.09-11-2016 2/2 objection and submitted that the money be returned to the complainant within four months. The petitioner is ready to return Rs. 4,20,000/- through demand draft or bank draft within four months from the date of receipt of this order.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Purnea in C.A. No. 2477 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and if the petitioner fails to return Rs. 4,20,000/- to the complainant within four months either through demand draft or bank draft, the court below shall cancel the bail bond of the petitioner forthwith.

(Prabhat Kumar Jha, J.) KKSINHA/-

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