IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26712 of 2008 RAM CHANDRA PRASAD Versus THE STATE OF BIHAR ----------- 2 18.07.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 363,364,386,467,468,471 and 323 of the Indian penal Code. Case of the complainant is that while he was going to attend the Court, he was picked up by the petitioner and others in a Bolero vehicle and thereafter taken to some place where he was forced to sign on a stamp paper and on money receipts evidencing receipt of money in lieu of sale of his house to the petitioner. The complainant was said to have been picked up on 4th February, 2008 and was sent back by the petitioner and others on 6th February, 2008. Learned counsel for the petitioner submits that apparently the dispute is with regard to the sale of the house of the complainant to the petitioner. Petitioner was a tenant of the house since last about 15 years. Admittedly informant wanted to sale his house. This petitioner had agreed to - 2 - purchase the same and the complainant had signed the documents on receipt of the consideration money, but at the last moment, the complainant backed out from registering the same. In this regard, petitioner has also lodged information with the police with regard to conduct of the complainant on 06.02.2008. Learned counsel for the petitioner submits that if the allegation of the complainant is true, he was always at liberty to file suit for cancellation of registration, but he has not done so. Since the complainant had backed out from registering the house, there was no remedy except the suit for compulsory registration. The petitioner had produced a copy of compulsory registration appeal filed before the Collector alleging that after taking the consideration money and after signing the documents for registration of the house, the complainant has backed out and thus has cheated the petitioner. Petitioner further submits that he is in advance age of 70 years and he along with four sons has been - 3 - made accused. His shop stands closed since last four months. Petitioner is in custody since last more than a month and entire business of the petitioner and his family stands affected. Considering the above facts and circumstances and the fact that the petitioner had also lodged information with the police on 6th February, 2008 itself with regard to conduct of the complainant in not appearing in the registry office for registration of document and considering the advance age of the petitioner, this application is allowed. Let petitioner Ram Chandra Prasad 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 Chief Judicial Magistrate, Motihari in connection with Town P.S. Case No. 31 of 2008 arising out of Complaint Case No. 206 of 2008. Arvind/ ( J. N. Singh, J.)