IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34389 of 2010
RAGHVENDRA KUMAR
Versus
STATE OF BIHAR
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3 13.1.2011 Heard learned counsel for the parties.
petitioner is alleged for receiving
money for execution of sale deed for a piece of
land is an admitted fact but submission of
learned counsel for the petitioner is that a
written agreement was there for the same but for
the land of Naubatpur while informant is
insisting to get registered a sale deed for a
piece of land of Ranipur Mohalla Fulwarisharif.
Bouncing of cheque is also explained as same was
bounced due to stoppage of payment by this
petitioner due to non-returning of deed of
agreement to sell. Petitioner is even ready to
return rupees four lacs within ten months but
its payment only after returning of the deed
concerning agreement to sell or disclaiming his
right for execution of sale deed.
In view of submissions, the prayer for
anticipatory bail is allowed.
Only after payment of first instalment
of Rs. 40,000/- either through bank draft or
cash in favour of informant, in the event of
2
arrest or surrender within one month from the
date of communication of this order, the above
named petitioner shall be released on bail on
furnishing bail bond of Rs. 10,000/-(ten
thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial
Magistrate, Patna in Chewara P.S. Case No.
23/09, subject to the condition as laid down
under section 438(2) Cr.P.C.
Rest of the amount shall be paid
thereafter in nine equal monthly instalments and
single willful default in payment of instalment
may be taken for cancellation of bail so granted
to the petitioner. Petitioner shall pay the rest
instalments amounts only after returning of the
deed concerning agreement to sell or disclaiming
his right for execution of sale deed by the
informant.
AI ( Mandhata Singh, J.)