Bench granted interim anticipatory bail to petitioners in a cheating case, subject to furnishing personal bonds and security within specific time limits. Case alleged to be civil dispute triable by Magistrate.
Petitioners released on anticipatory bail on personal bonds subject to depositing ₹10,000 each with two sureties within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15301 of 2020
Arising Out of PS. Case No.-416 Year-2018 Thana- LAHERIYASARAI District- Darbhanga
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Aditya Prakash Sahay For the Opposite Party/s : Mr.Abhay Kumar, APP For the Informant : Mr. Sameer Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 406 and 420 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons took advance from the informant on pretext of selling a piece of land but later did not execute the sale deed.
Patna High Court CR. MISC. No.15301 of 2020(6) dt.20-09-2021 2/3
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. There was agreement for sale for a piece of land. Later, the informant came to know that the property was mortgaged with the Bank. It is further pointed out on behalf of the petitioner that the matter relates to civil dispute and there is remedy under the Code of Civil Procedure available to the petitioner. The case is triable by the Magistrate.
On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. The petitioners have committed fraud and cheating.
Considering the fact that the matter relates to civil dispute, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 416 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.15301 of 2020(6) dt.20-09-2021 3/3
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for one time settlement.
(Sudhir Singh, J)
Pankaj/-
U T
3 issues framed by the court
Whether antecedents and allegations of tampering can be the basis for granting anticipatory bail in a cheating case alleged to be a civil dispute.
Whether the conditions for granting anticipatory bail including submission of bond and sureties should be adhered to.
Whether the matter of anticipatory bail on the basis of anticipated recovery can be referred to District Mediation Centre.
1 provisions across 1 enactments
Smt. Renu Bharat
Kishan Verma
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
