Baiju Chaudhary And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13589 of 2019 Arising Out of PS. Case No.-1751 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

BAIJU CHAUDHARY (Male) aged about 33 years Son of Late Rajendra Chaudhary R/o Mohalla- Raja Bazar, Chaudhary Tola, P.O- Vetenary College, P.S- Air Port, District- Patna 2.

Sima Devi (Female) aged about 31 years Wife of Baiju Chaudhary R/o Mohalla- Raja Bazar, Chaudhary Tola, P.O- Vetenary College, P.S- Air Port, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Dharmendra Das Son of Sri Sugheshwar Das R/o Mohalla- Raja Bazar, Gupta Market, P.S- Air Port, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 1751© of 2017, disclosing offences under Section 406 of the Indian Penal Code.

The sum and substance of the allegation is that despite having received money for execution of the sale deed in respect of a piece of land in favour of the complainant, the petitioners have not executed the sale deed.

Learned counsel appearing on behalf of the petitioners has submitted that apparently a civil dispute is being given a

Patna High Court CR. MISC. No.13589 of 2019(2) dt.06-03-2019 2/2 colour of criminal case.

Considering the nature of accusation, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 Shri Ashok Kumar learned Judicial MagistrateIst Class, Patna in Complaint Case No. 1751(C) of 2017, subject to the conditions as 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) arun/- U