The High Court at Ranchi granted anticipatory bail to two petitioners accused of cheating under the IPC in a land purchase dispute. The bench directed the petitioners to surrender to the Judicial Magistrate within four weeks.
Petitioners directed to surrender to Junior Magistrate, Ranchi within four weeks and enlarged on bail upon furnishing bond.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4944 of 2019
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
Order No.06 Dated- 21.11.2019
Apprehending their arrest in connection with Complaint Case No.3066 of 2018 instituted under Sections 323/341/467/478 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard the parties.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have purchased the land from one Mithilesh Kumar Nand Tiwari, who according to the claimant has no right to transfer the petitioners in respect of the land for which the said sale-deed dated 05.12.2017 has been executed. It is submitted that the allegation against the petitioners is false. It is then submitted that it is not disputed that the said Mithilesh Kumar Nand Tiwari himself has executed the sale-deed and the petitioners are bonafide purchaser of the said land from Mithilesh Kumar Nand Tiwari, so the dispute, at best is a civil dispute. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioners but learned counsel for the opposite party No.2 fairly submits that there is no dispute that the said Mithilesh Kumar Nand Tiwari has executed the sale-deed in favour of the petitioners but the only grievance of the opposite party No.2 is that Mithilesh Kumar Nand Tiwari does not have any title to transfer the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the
Court of learned Judicial Magistrate, Ranchi within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Complaint Case No.3066 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners accused of cheating regarding land purchase from a person without title.
1 provisions across 1 enactments
Arjun Gope
Rajendra Kumar
The State of Jharkhand
Binod Ram Pathak
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
