Ashok Kumar Singh vs State Of Bihar & Anr on 17 July, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21957 of 2014
Arising Out of PS.Case No. -1921 Year- 2013 Thana -PATNA COMPLAINT CASE District-
PATNA

1. Ashok Kumar Singh Son of Late Satyadeo Singh Resident of Village –
Sri Nagar, Police Station Tharthari, district Nalanda at present resident of
Professor Colony Dhaneshwar Ghat, Police Station Biharsharif, District –
Nalanda

…. …. Petitioner/s
Versus
1. The State of Bihar
2. Rabindra Prasad Singh Son of Late Bhola Singh Resident of Village +
P.O. Gosaimath, Police Station – Harnaut, District – Nalanda at present
residing at L.I.G. 9/299, Hanuman Nagar, Police Station Patrakar Nagar,
District – Patna

…. …. Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Renu Kumari (App)

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER

3 17-07-2017 Learned counsel for the petitioner submits that the

instant case is a case of civil nature and the ingredients of the

offences under Section 406 IPC cannot be made out since the

allegation is with regard to non-execution of sale deed. Pursuant to

some advances having been made.

He further submits that the accused persons have

already paid the alleged amount of Rs. 7,51,000/- to the

complainant as the same was condition for grant of bail by the

learned court below which is evident from the order dated

21.10.2013 passed in Complaint Case No. 1921 (C ) of 2013.
Patna High Court Cr.Misc. No.21957 of 2014 (3) dt.17-07-2017

2/2

Issue notice to opposite party no.2, for which

requisites etc. must be filed with both the processes, under

ordinary process as well as registered cover with A/D within two

weeks failing which, the application shall stand dismissed without

further reference to the Bench.

Notice through ordinary process shall go to the

concerned court to be served upon the counsel appearing on behalf

of the opposite party no. 2.

Put up this case after receipt of the notice or on

appearance of O.P. no. 2, whichever is earlier.

In the meantime, further proceeding in connection with

Complaint Case No. 1921 (C ) of 2013 pending in the Court of Sri.

Krishna Gopal, Learned Judicial Magistrate, Patna shall remain

stayed.

(Madhuresh Prasad, J)
sushma/-

U T

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