Patna High CourtCR. MISC./3538/2017bail granted

Md. Rafi And ANR v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3538 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Md. Rafi

2. Md. Shafi @ Sami Boths Sons of late Abdul Azeem All R/o- VillageBhagwanpur, P.S. Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in Sadar P.S. Case No. 287 of 2016 instituted for the offences under Sections 406, 420, 120B, 34 of the Indian Penal Code. It is alleged that petitioners executed power of attorney of a land claiming to be their ancestral land in favour of the informant by taking Rs. 6,50,000/-. Later on, it was found that the alleged land is not the ancestral land of the petitioners, and in this manner, the petitioners have cheated Rs. 6,50,000/- from the informant.

Be that as it may, from the nature of dispute, the Court itself finds that the civil remedy is also available in this case. Therefore, the prayer of the petitioners

Patna High Court Cr.Misc. No.3538 of 2017 (2) dt.06-02-2017 2/2 for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sadar P.S. Case No. 287 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Priya, J) Shageer/- U T