Md. Shakil And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11998 of 2015 Arising Out of PS.Case No. -380 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Dhrub Das S/o Ram Das Resident of Village Nichlidih Chakranwa, Police Station Rafiganj, District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.12073 of 2015 Arising Out of PS.Case No. -380 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Md. Sakil Son of IIiyas Resident of Village- Jhikatiya, Police StationRafiganj, District- Aurangabad.

2. Md. Afsar @ Md. Apsar Son Md. Allauddin. Resident of Village- Badi Dargah, Police Station- Biharsharif, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.11998 of 2015) For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi (App) (In Cr.Misc. No.12073 of 2015) For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 25-06-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 12.12.2014 in a case registered for the offences punishable

Patna High Court Cr.Misc. No.11998 of 2015 (04) dt.25-06-2015 2/3 under Sections 465, 467, 468, 474, 419 and 420/34 of the Indian Penal Code.

The prosecution case is that the petitioner Dhrub Das came to the house of the informant along with coaccused Rupali Devi to persuade the informant to purchase the land, consequently Rupali Devi transferred 17 decimals of land in favour of the informant after taking consideration of Rs.4,25,000/- . The actual land owner was Sandhya Rani, but Rupali Devi claimed herself to be Sandhya Rani and thereby she impersonated Sandhya Rani. Subsequently, petitioner Dhurb Das and Rupali Devi propose to sell another land of Sandhya Rani, but by that time the informant smell foul play and asked the accused to return the paid amount. Thereafter informant informed the police when the petitioners, who persuaded the informant to purchase the land from an imposter, were apprehended.

It is submitted by learned counsel for the petitioners that admittedly the sale deed was executed by Rupali Devi, who has been granted bail vide Cr. Misc. No. 10280 of 2015 by this Court. Moreover, the investigation has already concluded. It is submitted by learned counsel for the informant that the informant was cheated Rs..4,25,000/- at the behest of the petitioners, who played pivotal role in getting the

Patna High Court Cr.Misc. No.11998 of 2015 (04) dt.25-06-2015 3/3 land transferred in favour of the informant by an imposter. Considering the above submissions it appears that Rupali Devi has been granted bail since she is a lady and the investigation has already concluded.

Considering the fact that the thrust of accusation is against Rupali Devi, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad P.S. Case No. 380 of 2014. (Dinesh Kumar Singh, J) DKS/- U T