IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2953 of 2011
Nagendra Prasad Sinha .... Petitioner
Versus
State of Jharkhand & another ... Opposite Parties
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Rajan Raj
For the Opposite Party : Addl.P.P.
13.10.2011
Heard the learned counsel for the petitioner and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioner in connection with C/1 case no. 1671 of 2011 for the offence
registered under sections 406/420 IPC and section 138 of the Negotiable
Instrument Act.
It reveals from the complaint that the complainant agreed to
purchase a flat belonging to the petitioner and paid Rs. 4,00,000/- ( rupees four
lakhs) in advance. Later, some dispute arose and the agreement could not
materialise. When the money paid by the complainant was not refunded, this
case has been lodged.
It is submitted that the complainant had lodged Mango PS
Case No. 195 of 2011 against the petitioner with the same allegation disclosing
the same fact and in that very case, the petitioner has been granted anticipatory
bail vide ABA No. 2010 of 2011. The complainant has failed to furnish any
document to show that any such deal had ever taken place.
Learned counsel for the State has opposed the prayer.
Since prayer for anticipatory bail of the petitioner has already
been considered in another case lodged on the same fact, I feel inclined to grant
anticipatory bail to the petitioner.
Considering aforesaid facts and circumstances of the case,
the petitioner above named is directed to appear/ surrender before the court
below within a period of three weeks positively from the date of this order and
on his surrender, he shall be released on bail on furnishing bail bond of
Rs.10,000/- ( rupees ten thousand) with two sureties of the like amount each to
the satisfaction of Sri B.B.Singh, Judicial Magistrate, 1st Class, Jamshedpur, in
connection with C/1 case no. 1671 of 2011, subject to the conditions laid down
under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)