Arjun Sahani v. The State Of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 323, 406
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
.... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-02-2013 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under Sections 406 and 323 of the Indian Penal Code. It is alleged that the complainant agreed to sale 1 Katha of land to one Badhu Sahani and received Rs. 26,000/- which was taken by petitioner no.1, the own brother of the complainant on promise to return but money was not returned by him. Subsequently, petitioner no.2 took 10,000/- and ornaments worth Rs. 15,000/- from the complainant. It is submitted by learned counsel for the petitioners that the complainant used to reside with 2 Patna High Court Cr.Misc. No.3884 of 2013 (2) dt.26-02-2013 petitioner no.1 and due to land dispute, the accusation has been levelled when there is no proof with regard to payment. Considering the aforesaid facts, let the petitioners above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 3135 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. West Champaran, Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
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