Yogendra Yadav And Anr vs State Of Bihar Bihar

Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the opposite party no. 2.

The petitioners apprehend arrest in connection with Dumraon PS Case No. 02 of 2019 dated 02.01.2019 instituted under Sections 406, 420, 467,

468, 471, 120(B), 323 and 504 of the Indian Penal Code.

The allegation against the petitioners and one other in the case filed by the opposite party no. 2 is that they had taken Rs. 3,00,000/- in advance for

sale of a land which belonged to some other person and despite legal notice had not returned the money.

Learned counsel for the petitioners submitted that the land in question belongs to him and just because somebody else had filed title suit against the

father of the petitioner no. 1, with regard to the land, the opposite party no. 2 wanted to get the money back without complying with the agreement

between the parties and to exert undue pressure, the present case has been filed. It was further submitted that the matter is purely civil in nature as

the opposite party no. 2 has the remedy of approaching the civil Court of competent jurisdiction in a money suit for recovery of any money which he

may claim is due against the petitioners and filing of a criminal case is abuse of the process of the Court.

Learned APP fairly submitted that the matter relating to money transaction appears to be civil in nature.

Learned counsel for the opposite party no. 2 submitted that the petitioners had fraudulently shown the land as theirs even though a title suit was

pending for the same land. However, on a query of the Court as to how it made any difference as a third party has filed suit claiming the said land

without there being any interim or final order, learned counsel was not in a position to give any reply. On a further query of the Court as to how

criminal proceeding is maintainable for return/recovery of any money which the opposite party no. 2 may claim to have given to the petitioners, when

the remedy is to move in Money Suit before the competent civil Court, again learned counsel was not in a position to reply to the query of the Court.

Having considered the facts and circumstance of the case and submissions of learned counsel for the parties, the provisional anticipatory bail

granted to the petitioners by order dated 12.04.2019 stands confirmed.

The application stands disposed off.