Kamlesh Kumar Chaubey @ Kamlesh Chaubey And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29356 of 2015 Arising Out of PS.Case No. -82 Year- 2013 Thana -SIWAN CITY District- SIWAN ======================================================

1. Kamlesh Kumar Chaubey @ Kamlesh Chaubey S/o Basudeo Choubey Resident of Village Dakhin Tola, P.S. Nagar, District Siwan.

2. Tun-Tun Prasad S/o Sudarshan Bhagat Resident of Dakhin Tola, P.S. Nagar, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamlawati Devi wife of Shivanand Pandey, resident of village- Dakhin Tola, P.S. Nagar, Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Sheela Pandey For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 419/420/467/468/471 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that the dispute is with regard to the sale-purchase of land and that the petitioner has already paid rupees eight lakh to the informant and the informant has been in agreement that she will vacate the land in question. However, she refused to vacate the same and instead became greedy for more money. It is further submitted that subsequently the lady has also filed a compromise petition which, in fact, reveals that more pressure was placed on her for sale of land and that she had executed the Power of Attorney without any threat by anybody or the petitioner.

Patna High Court Cr.Misc. No.29356 of 2015 (5) dt.05-08-2016 P2/2 Thereafter, on 25.07.2012, the registry of the land was effected. Considering the nature of allegation made and that now the matter has been resolved by the parties, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Nagar P.S. Case No. 82/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T