Saheb Rai @ Saheb Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4106 of 2020 Arising Out of PS. Case No.-1152 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Saheb Rai @ Saheb Ray, S/o Late Harbansi Ray, Resident of Naga Tola, Gouraiya Asthan, Sadikpur, P.S.- Maner, District- Patna 2.
Arti Devi, W/o Saheb Rai @ Saheb Ray, Resident of Naga Tola, Gouraiya Asthan, Sadikpur, P.S.- Maner, District- Patna 3.
Ramayan Ray, S/o Saheb Rai @ Saheb Ray, Resident of Naga Tola, Gouraiya Asthan, Sadikpur, P.S.- Maner, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lilawati Devi, W/o Gormint Ray, Resident of Naga Tola, Gouraiya Asthan, Sadikpur, P.S.- Maner, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1152 (C) of 2017 disclosing offence under Section420 of the Indian Penal Code. As per complaint case, petitioners agreed to purchase 18 Dhurs of land and altogether Rs.5,22000/- was taken, but in spite of that, he has not executed the sale deed. Submission of the learned counsel for the petitioners is that there is no such agreement, they denied the thumb impression over the same and also receiving the amount. It has also been submitted that complainant is the Bhabhi of the
Patna High Court CR. MISC. No.4106 of 2020(2) dt.22-01-2020 2/2 petitioner no.1. Further submission is that case is in the nature of civil dispute and she can file a civil case for specific performance of contract.
Heard learned A.P.P. also.
Having heard both sides, considering the above submissions, this application is allowed. 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of Miss. Nutan Kumari, learned Judicial Magistrate, 1st Class, Danapur, Patna, in connection with Complaint Case No. 1152 (C) of 2017.
Sunil Shukla/- (Vinod Kumar Sinha, J) U T