The Patna High Court granted interim anticipatory bail to the petitioners apprehending arrest in a PS case registered for offences under Sections 341, 323, 504, 506, 406, 420 and 34 of the IPC.
Enlargement on bail bailable bond of Rs. 25,000 with two sureties subject to conditions laid down under Section 438(2) CPC and specific court conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30836 of 2018
Arising Out of PS.Case No. -81 Year- 2018 Thana -KARAHGAR District- SASARAM (ROHTAS)
======================================================
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 26-06-2018 The petitioners are apprehending their arrest in connection with Kargahar (Badahari O.P.) P.S. Case No. 81 of 2018, registered for offences punishable under Sections 341, 323, 504, 506, 406, 420 and 34 of the Indian Penal Code.
Allegation against the petitioners that they have received part payment of Rs. 4 lac for execuation of sale deed with respect to four kathas of land from the informant but the sale deed of the land has not been executed in favour of the informant.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and there is no agreement to show that the petitioners have taken the consideration money. Moreover, the case is purely of civil nature. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from
Patna High Court Cr.Misc. No.30836 of 2018 (4) dt.26-06-2018
2/2
the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Rohtas at Sasaram, in connection with Kargahar (Badahari O.P.) P.S. Case No. 81 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:-
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners apprehending arrest in a case involving land transaction disputes.
1 provisions across 1 enactments
Ramawati Devi wife of Birendra Tiwary and Guddu Tiwary
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
