High Court Patna High Court - Orders

Md. Fakharuzzaman Ansari vs The State Of Bihar on 31 March, 2011

Patna High Court – Orders
Md. Fakharuzzaman Ansari vs The State Of Bihar on 31 March, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.7450 of 2011
                     MD. FAKHARUZZAMAN ANSARI
                                Versus
                         THE STATE OF BIHAR
                               -----------

02. 31.03.2011 Petitioner is apprehending his arrest in a

complaint case in which cognizance has been taken

under Sections 341, 342, 323, 120B, 448, 420, 406, 384

of the I.P.C.

The accusation is that the complainant made a

development agreement with the petitioner but the

petitioner being the Managing Director of the

construction company has not constructed the share of

flats of the complainant as per the agreement and

subsequently in furnishing the same, complainant has to

spent Rs. 15,00,000/-.

It is submitted by learned counsel for the

petitioner that accusation is based on a contract and no

criminal offence is made out and there was an arbitration

clause also in the agreement.

Considering the aforesaid facts, let the petitioner

namely Md. Fakharuzzaman Ansari, in the event of his

arrest or surrender before the Court below within a

period of 12 weeks from today, be released on

anticipatory bail on furnishing bail bond of Rs. 10,000/-

(ten thousand) with two sureties of the like amount each
2

to the satisfaction of Judicial Magistrate, Ist Class, Patna

in connection with Complaint Case No. 95(C ) of 2009.

Shageer                                  ( Dinesh Kumar Singh, J)