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2013 Supreme(Jhk) 746

D.N.UPADHYAY
Mahendra Kumar Ruiya – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner:Mr. Prashant Pallav, Advocate.
For the State: A.P.P.
For the O.P.No.2:Onkar Nath Tiwary, Advocate.

Judgment

D.N. Upadhyay, J.

The present application for grant of anticipatory bail has been filed on behalf of Mahendra Kumar Ruiya in connection with P.C.R. No. 416 of 2006, corresponding to T.R. No. 991 of 2012 under Sections 406/420 of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Deoghar.

2. The prosecution case as it appears from the complaint in brief is that the petitioner and co-accused Shiv Kumar Ruiya have been appointed as receiver by the Calcutta High Court under the A.P.O.T. No. 11/1997 ( Suit No.70/1966) in respect of trust property of Ruiya Dharamsala Building appertaining to vacant land of Mouza Jasidih No. 118 and Jasidih Bazar plot no. 28, 29, 662/716 and 665 District Deoghar. An advertisement for sale of Ruia Dharamsala’s vacant land was published whereafter the complainant expressed his willingness to purchase the said property for a valuable consideration of Rs.1,05,00,000/- and out of said consideration amount, a sum of Rs.7,00,000/- was paid as earnest money to the accused persons and after that they entered into an agreement dated 18.10.2003. The accused persons had promised to obtain permission from Calcutta High Court within thr



































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