Ranjeet Pathak @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24930 of 2024 Arising Out of PS. Case No.-1388 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

RANJEET PATHAK @ RANJEET KUMAR SON OF MAHENDRA KISHORE PATHAK R/O-KESARIYA PATHAK PATTI WARD NO. 8, P.S.- KESARIYA, DISTT.-EAST CHAMPARAN 2.

SMT. NEHA KUMARI @ NEHA KUMARI WIFE OF RANJEET KUMAR R/O-KESARIYA PATHAK PATTI WARD NO. 8, P.S.-KESARIYA, DISTT.-EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ASHOK KUMAR SON OF LATE KASHI PRASAD R/O-KESARIYA, WARD NO. 8, P.S.-KESARIYA, DISTT.-EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Barnwal , Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP For the OP 2 :

Anshu Dhar Sharma, Advocate Namita Sharma @Namita Kumari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 504, 506 and 34 of the Indian Penal Code .

3. It is alleged that these petitioners did not execute the sale deed in favour of the complainant even after taking the consideration money in advance .

Patna High Court CR. MISC. No.24930 of 2024(2) dt.24-04-2024 2/3

4. After some argument, learned counsel for the petitioner submits that he is ready to pay the alleged amount of Rs. 10,00,000/- ( 10 lakhs ) in installments to the Opposite Party No. 2.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of JM 1st Class Motihari , in complaint Case No. 1388 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs.

5,00,000/- ( five lacs) through Bank Draft/cash in the Nazarat of Civil Court, Motihari at the time of furnishing bailbond. (ii) The petitioner shall refund the rest amount i.e., Rs. 5,00,000/- ( five lacs) in two equal installments of Rs. 2,50,000 /- (two lacs fifty thousand) through Bank Draft/cash in the Nazarat of Civil Court, Motihari within a period of two month from the date of furnishing bail-bond.

(iii) The aforesaid payment shall be subject to the final outcome of the case .

Patna High Court CR. MISC. No.24930 of 2024(2) dt.24-04-2024 3/3 (iv) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T