Allowed

Ram Shobhit Das v. State Of Bihar and Anr.

Patna HC13 Feb 2018CR. MISC./6981/2017

Case brief

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What is this about?

In a bail petition arising from an IPC complaint involving property disputes, the High Court disposed of the petition and granted provisional anticipatory bail subject to surrender and compliance with a mediated settlement agreement within six months.

What did the court decide?

Anticipatory bail granted provisionally for six months subject to surrender within eight weeks, execution of settlement terms, and compliance with specific court conditions.

Ram Shobhit Das Vs State Of Bihar and Anr. — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6981 of 2017

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Arising Out of PS. Case No.-26650 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna

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======================================================

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Ram Shobhit Das, son of Late Sudama Das, Resident of Village- Baluachak, PS- Gaurichak and District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Krishna Murari Gupta, S/o Hari Prasad Gupta, R/o Paschimi Patel Nagar, Dr. V. Bhattacharya Road, Nandini Path, P.S.- Shastrinagar, District- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajeet Kumar For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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8 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner apprehends his arrest in complaint case no. 26650 ( C) of 2014 instituted for the offence under Section(s) 406,420,467,468, 471 and 504 of the Indian Penal Code.

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As per the report of the Mediator the matter has been settled between the parties in the Mediation Centre, Patna High Court and the memorandum of agreement is enclosed with the report of the Mediator.

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Learned counsel for the petitioner has submitted that he is ready to execute the sale deed with respect to the land in favour

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Patna High Court Cr.Misc. No.6981 of 2017(8) dt.13-02-2018 2/3

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of the opposite party no.2. But none appeared on behalf of the opposite party no.2.

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In the memorandum of agreement, it is mentioned that the petitioner is ready to execute the sale deed in favour of the opposite party no.2 by 25^th of March. Opposite party no.2 is also ready to transfer the land by 25^th of March. Both the parties are ready to register the land to each other on the same date.

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In such circumstances, this anticipatory bail petition is disposed off with direction to petitioner to surrender in the Court below i.e. Judicial Magistrate 1^st Class, Patna, within eight weeks from the date of receipt of the copy of this order in connection with complaint case no. 26650 of 2014 along with the copy of the memorandum of agreement reached between the parties in the Mediation Centre and also an affidavit that he will comply with the memorandum of agreement entered into between the parties and in that event the court below will release the petitioner on provisional anticipatory bail to its own satisfaction for a period of six months, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be

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Patna High Court Cr.Misc. No.6981 of 2017(8) dt.13-02-2018 3/3

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present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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Thereafter both the parties will comply with the terms and conditions of the memorandum of agreement reached between the parties and in that event the court below will confirm the provisional anticipatory bail of the petitioner after six months.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Ram Shobhit Das v. State Of Bihar and Anr.

Case brief

What is this about?

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Ram Shobhit Das v. State Of Bihar and Anr.

Case brief

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