Allowed

Radha Thakur v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./58285/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case involving allegations under Sections 341, 323, 406, 420 and 504 IPC. The Court noted the dispute arose from a land transaction where the complainant alleged non-execution of sale and demand for money back. Finding the matter rooted in civil disputes, the Court granted anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail granted for four weeks with bail bond of Rs. 10,000 and two sureties.

Radha Thakur Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58285 of 2023

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Arising Out of PS. Case No.-1488 Year-2021 Thana- VAISALI COMPLAINT CASE

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District- Vaishali

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

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RADHA THAKUR SON OF BIBHISHAN THAKUR RESIDENT OF VILLAGE- PAHETEYA, NEAR SHIV TEMPLE PAHETEYA, PSHAJIPUR SADAR, DIST- VAISHALI-844117

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prakash Kumar For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 27-02-2024 1. Heard the parties.

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The petitioner apprehends his arrest in connection with

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Complaint Case No. 1488 of 2021 dated 17.08.2021 registered under Sections 341, 323, 406, 420 & 504 of the I.P.C.

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The petitioner sold 24 decimals of land in favour of the complainant and his two brothers on a consideration amount of Rs. 300000/-. The complainant paid a total amount of Rs. 1,74,000/- through bank account and cash on different dates to the petitioner. The complainant requested the petitioner to execute the land but the petitioner started evading. In the meanwhile accused petitioner sold the land in question through registered sale deed to one Asha Sinha. On this information the complainant went to the house of petitioner to inquire about the

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Patna High Court CR. MISC. No.58285 of 2023(4) dt.27-02-2024 2/3

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fact regarding non execution of the land in his favour and also demanded his money back upon which the petitioner assured that he would return the money on 05.07.2021 but the money has not been returned.

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Learned counsel for the petitioner submits that earlier in the year 2018 a piece of land was sold in favour of the complainant and his two brothers. The complainant did not pay his share of the consideration amount whereas his two brothers paid the consideration amount and land was executed in favour of all three brothers. The consideration amount towards the land was still due to be paid by the complainant. Another piece of land was to be sold by the petitioner in favour of the complainant for which the complainant was to pay a sum of Rs. 3 lakh out of which the complainant has paid Rs. 1,40,000/which was adjusted against the first land and after adjustment the complainant was to pay a sum of Rs. 67000/- which would be evident from note of the complainant at Annexure- 3/1.

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Regard being had to the submission made by the parties, taking into consideration the fact that there is land transaction between the parties, as such, I am inclined to grant anticipatory bail to the petitioner.

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Let the petitioner, above named, be released on

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Patna High Court CR. MISC. No.58285 of 2023(4) dt.27-02-2024 3/3

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anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge- III^rd -cum- ACJM-II^nd , Vaishali at Hajipur in connection with Complaint Case No. 1488 of 2021 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Radha Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Radha Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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