Renu Ranjit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4804 of 2019 Arising Out of PS. Case No.-1 Year-2018 Thana- MANER District- Patna ======================================================
1. Renu Ranjit, Wife of Ranjeet Albert
2. Ranjit Albert son of Sri Albert Dcruz, Both are resident of Mohalla Bajitpur Ganga Gate No. 92, P.S.-Digha DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Griyage For the Opposite State :
Mr. Sanjay Kumar Tiwary For the Informant :
Mr. Sandeep Kumar Mr. Dhananjay Kr. Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners, learned counsel representing the informant and learned Additional Public Prosecutor for the State.
This application for anticipatory bail, arises out of Maner Police Station Case No. 01 of 2018, disclosing offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code.
The allegation, which is there in the First Information Report, that the petitioners after having received part consideration amount from the petitioners for execution of a sale deed in his favour in respect of a plot of land, the petitioners executed sale deed in favour of someone else. It is, thus, alleged that the petitioners misappropriated a total sum of Rs. 8,70,000/- (eight lac seventy thousand), which he had
Patna High Court Cr.Misc. No.4804 of 2019(3) dt.31-01-2019 2/3 received as part consideration amount.
Learned counsel, appearing on behalf of the petitioners, has taken a line of the least assistance and has submitted that the petitioner is ready to return the said amount of Rs. 8,70,000/- (eight lac seventy thousand) to the informant but in installments. It is the petitioners' case that since the informant was not ready with money to pay the rest of the consideration money, he had no other option but to execute sale deed in favour of someone. Learned counsel for the petitioners has submitted that the petitioners shall pay back the said amount of Rs. 8,70,000/- (eight lac seventy thousand) in six monthly installments.
Mr. Sandeep Kumar, learned counsel for the informant, does not have any objection to grant of anticipatory bail to the petitioner, in view of readiness expressed on behalf of the petitioner to pay back the said amount of Rs. 8,70,000/- (eight lac seventy thousand) in six monthly installments. Considering the submission, as above, this application is allowed.
The petitioners, as agreed, shall pay a sum of Rs.1,50,000/- (one lac fifty thousand) by 15th of February, 2019 whereafter from March to June he shall pay a sum of Rs.
Patna High Court Cr.Misc. No.4804 of 2019(3) dt.31-01-2019 3/3 1,50,000/- (one lac fifty thousand) per month by 15th of every month. The rest amount of Rs. 1,20,000/- (one lac twenty thousand) shall be paid by him by 15th of July, 2019. The amount shall be paid through RTGS, for which the informant shall furnish to the learned counsel for the petitioners his details of the bank account by 1st February, 2019.
Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Maner Police Station Case No. 01 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T