Ashok Kumar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9005 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- PAROO District- Muzaffarpur ======================================================

1. Ashok Kumar Ram, aged about 28 years, (M), S/o Shri Rajendra Ram

2. Rajendra Ram @ Rajendra Rai, aged about 63 years, (M), S/o Late Mukhlal Ram, both Resident of Village - Raghunathpur, P.S- Paroo, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the IPC.

The prosecution case, as per the written report of Jaylal Ram, dated 02.04.2018, submitted to the Station House Officer, Paroo Police Station, is to the effect that the petitioners got the land of the informant transferred forcefully through registered sale deed on 18.12.2017 and on protest being made, the

Patna High Court Cr.Misc. No.9005 of 2019(2) dt.15-02-2019 2/3 petitioners conveyed that they will take receipt of the sale deed after making payment of Rs. 1,10,000/-, but only Rs. 10,000/- paid to the informant.

It is submitted by learned counsel for the petitioners that for the sale being executed on 18.12.2017, the FIR was registered on 02.04.2018. The sale deed stipulates that after receiving consideration amount, the informant put his thumb impression. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that accusation against the petitioners is specific.

Considering the delayed loding of the case and the nature accusation, being civil dispute, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Paroo P.S. Case No. 106 of 2018, subject to the

Patna High Court Cr.Misc. No.9005 of 2019(2) dt.15-02-2019 3/3 condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T