Rabindra Singh Alias Ravindra Singh Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6216 of 2024

Rabindra Singh @ Ravindra Singh, S/o Late Shivji Singh, R/o R11, Rajputana Tower, Chirachas, P.O. & P.S.-Chas, DistrictBokaro. .......... Petitioner.

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-Versus-

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The State of Jharkhand

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Rajesh Kumar Singh, S/o Late Ramji Singh, R/o Flat No.12, Rajputana Tower, Chirachas, P.O. & P.S.-Chas, District-Bokaro.

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.......... Opp. Parties.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Ajit Kumar, Sr. Advocate For the State : Mr. Someshwar Roy, A.P.P. For the O.P. No.2 : Mr. Nagmani Tiwari, Advocate Mr. Govind Ray Karan, Advocate ----- Order No.06 Date: 18.11.2024

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The petitioner is apprehending his arrest in connection with Complaint Case No.616 of 2018 registered under Section 387 of the Indian Penal Code, 1860.

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Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the complaint. The petitioner has not taken any amount as alleged by the opposite party no.2/complainant and has never put any hindrance in the construction work of multistoreyed building i.e. ‘Rajputana Tower’. The construction of the said building has already been completed in the year 2016 and the opposite party no.2/complainant has also sold out some flats by misusing the terms and conditions mentioned in registered General Power of Attorney dated 27.07.2012 drawn in favour of the

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complainant by the petitioner, complainant's brotherMukesh Kumar and complainant's mother-Lal Jhari Devi. The petitioner had purchased the land jointly with his uncle Ramjee Singh (father of the opposite party no.2/complainant) measuring an area of 20 ¾ decimals under Khata No. 307, Plot No. 729, Thana No.30, Mouza Chas, P.S.-Chas, District-Bokaro vide Sale Deed No.6343 dated 23.06.1988 from one Nandlal Dey Dalal, son of Late Haru Dey Dalal, R/o Village-Chas, P.S.-Chas, DistrictDhanbad (now Bokaro). After death of his uncle on 27.07.2005, the said land came under the ownership of petitioner and legal heirs of his uncle i.e. Lal Jhari Devi (wife of Ramjee Singh), Rajesh Kumar Singh (opposite party no.2/complainant and elder son of Ramjee Singh), Mukesh Kumar (younger son of Ramjee Singh). A General Power of Attorney vide POA No. Book V-328 dated 27.07.2012 was executed by the petitioner, Lal Jhari Devi (mother of the complainant) and Mukesh Kumar (brother of the complainant) in favour of Rajesh Kumar Singh (opposite party no.2/complainant) with respect to the aforesaid land and thereafter a Development Agreement was drawn between the petitioner and M/s Vaibhav Builders & Developers on 03.08.2012 to develop the said land by raising multi-storeyed building in the name of ‘Rajputana Tower’. As per clause 9 of the agreement, out

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A.B.A. No.6216 of 2024

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of the total build up area, the owners of the land had to get 21% share. Further, as per clause 12, Article IX (Developer’s Allocation), the developers had to get remaining share i.e. 79%. After completion of the construction, the opposite party no.2/complainant sold some flats by misusing the conditions of power of attorney even after the death of his mother Lal Jhari Devi on 08.01.2016. Moreover, the complainant only handed over one and half flat to the petitioner and refused to give one more flat as per the Development Agreement dated 03.08.2012 according to which, the owners of the land had to get 21% share of the build-up area and total 24 flats were constructed on the said land. Therefore, the owners of the land had to get total 5 flats out of which 50% i.e. 2 and half flat had to be given to the petitioner being owner of the half share of the said land. The opposite party no.2/ complainant handed over only one and half flat to the petitioner and refused to give one more flat despite repeated requests made by him. Thereafter, the petitioner lodged an F.I.R. being Chas P.S. Case No.123/2018 dated 01.06.2018 against the opposite party no.2/ complainant under section 420 of the I.P.C. for cheating him and misusing the Power of Attorney after death of Lal Jhari Devi on 08.01.2016 making illegal sale of the flats and shops constructed over the said land.

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A.B.A. No.6216 of 2024

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The petitioner further revoked the Power of Attorney on 01.02.2018 drawn in favour of the opposite party no.2. It is further submitted that the present complaint case is a counter blast of Chas P.S. Case No.123/2018 dated 01.06.2018 and has been filed only to harass the petitioner out of vengeance and malice. Otherwise also the present dispute between the parties is purely civil in nature which has been given colour of a criminal case. Hence, the petitioner may be given the privilege of anticipatory bail.

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Learned counsel appearing on behalf of the opposite party no.2, while opposing the petitioner’s prayer for grant of anticipatory bail, submits that during inquiry, witness Avinash Kumar Mishra has specifically stated that the demand of extortion as well as scuffle had taken place in front of him. The other witnesses have also supported the allegation made against the petitioner in the complaint. Hence, he may not be given the privilege of anticipatory bail.

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Learned A.P.P. also opposes the petitioner’s prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner, above named, in the event of

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his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Complaint Case No.616 of 2018 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Vikas/

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A.B.A. No.6216 of 2024

Rabindra Singh Alias Ravindra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rabindra Singh Alias Ravindra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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