Patna High CourtCR. MISC./32703/2017bail granted

Kalika Sharma And ORS v. The State Of Bihar

2017-07-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32703 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Kalika Sharma, Son of Late Dukhi Sharma,

2. Jai Prakash Mahto,

3. Kamal Mahto,

4. Basant Mahto All Sons of late Dhuma Maho @ Late Dhura Mahto,

5. Sajesh Mahto Son of Late Shiv Mahto, All Resident of Village- Marwa, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B, 323, 504 and 34 of the Indian Penal Code. There is land dispute as per allegation inasmuch as petitioner no. 2 to 5 have sold a portion of the land to petitioner no. 1 whereas another portion was sold by the co-sharer of petitioner no. 2 to 5 to the informant.

In the aforesaid background, the allegation is of cheating. Apparently, the dispute is of civil in nature. Accordingly,

Patna High Court Cr.Misc. No.32703 of 2017 (2) dt.20-07-2017 2/2 the petitioners deserve anticipatory bail.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj/successor Court in connection with Baikunthpur Police Station Case No. 154 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T