Patna High Court - Orders
Gayatri Devi & Ors vs The State Of Bihar on 18 February, 2016
Author: Anjana Mishra
Bench: Anjana Mishra
Patna High Court Cr.Misc. No.3525 of 2016 (2) dt.18-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3525 of 2016
Arising Out of PS.Case No. -99 Year- 2015 Thana -BEERPUR District- BEGUSARAI
======================================================
1. Gayatri Devi Wife of Late Deo Narayan Jha
2. Bhagirath Jha, son of Late Deo Narayan Jha
3. Chandra Shekhar Jha, son of Late Deo Narayan Jha
4. Sachidanand Jha son of Late Lakshmi Jha
All residents of village- Babhangama, P.S.- Birpur, District- Begusarai
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Agrawal
Ms. Aditi Hansaria, Advocate
For the State : Mr. Renuka Ratnakar(APP)
For the Informant : Mr. Sanjay Prasad, Advocate.
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 18-02-2016Heard learned counsel for the petitioner, informant and learned counsel for the State.
The petitioners apprehend their arrest in connection with Birpur P.S. Case No. 99 of 2015 registered for the offences punishable under Sections 420, 406, 323, 506, 379 and 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that there was an oral agreement between the petitioners and the informant regarding sale and purchase of land. It is further submitted that certain money had also exchanged hands between the parties. However, since the informant has failed to deposit the money in time, the petitioners being in need of money sold the land to other Patna High Court Cr.Misc. No.3525 of 2016 (2) dt.18-02-2016 persons, who have paid consideration amount. It is further submitted on behalf of the petitioners that there is no criminal intent involved and at best, it constitutes the civil dispute.
Learned counsel for the informant, however, submits that there was understanding between the parties, which took shape in an oral agreement and the period which was fixed, that is by 25.11.2015, the consideration amount was to be deposited by the informant for the purchase of the land. On the said date, after receipt of consideration amount, the sale deed would be executed and registered. However, even before the expiry of the aforesaid period, petitioners have ventured fraudulently to sell the property at a higher price, blocking the substantial amount invested by the informant.
Learned counsel for the petitioner countering the aforementioned allegations submits that even as on date, petitioners are ready and willing to make payment, whatever, they have taken from the informant and there is no mens rea involved.
Considering the entire gamut of circumstances, let the aforesaid case be sent to Mediation Center of Patna High Court so that the grievance of the petitioner may be redressed.
It is further directed that the petitioners and the opposite party no. 2 shall appear before the Patna High Court, Mediation Patna High Court Cr.Misc. No.3525 of 2016 (2) dt.18-02-2016 Centre on 9th of March, 2016 along with a copy of this order so that the mediation process may be set into motion.
List this case after submissions of mediation report. In the meantime, until further orders, let no coercive steps be taken against the petitioner in connection with the aforementioned case.
(Anjana Mishra, J) Jagdish/-
U T