Anticipatory bail application filed in a cheating case where land was allegedly sold to someone else after receiving advance payment.
Petitioners directed to surrender in eight weeks and deposit Rs.5 lakhs with complainant before releasing on bail bonds.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23720 of 2018
Arising Out of PS.Case No. -2541 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA
====================================================== 1. Geeta Devi, W/o Rajkumar Sahu @ Raju Kumar Sah,
.... .... Petitioners Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh Mr. R.C. Shahi, Ramendra Kr. Bharti, Mr. Sanjeev Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 08-05-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Complaint Case No. 2541C of 2016 lodged for the offences punishable under Sections 120B and 420 of the Indian Penal Code. Allegation against the petitioners is that they have made an agreement with the complainant for sale of one and a half Katha of land and taken Rs.5 lakhs. However, land has not been sold to the complainant, rather sold to some other person.
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Submission of learned counsel for the petitioners is that complainant was not ready to take the land as such the same was sold to some other person and a title suit with respect to the said land is going on between the parties.
Heard learned APP and learned counsel for the complainant. After some argument, learned counsel for the complainant has submitted that complainant is ready to take back the amount which he has given for purchase of land.
Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to surrender within a period of eight weeks from the receipt of this order along with a Bank Draft for Rs.5 lakhs payable to the complainant and thereafter petitioners will be released on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Smt. Supriya Goswami, Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2541C of 2016Maner P.S. Case No. 90 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned. It is made clear that payment of
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aforesaid amount will be subject to result of the case and till eight
weeks, no coercive step shall be taken against the petitioners
(Vinod Kumar Sinha, J)
spal/-
U
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners in a cheating and criminal conspiracy case pending under Sections 420 and 120B IPC.
1 provisions across 1 enactments
Geeta Devi and Others
State of Bihar
Joseph John
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
