Krishna Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23310 of 2024 Arising Out of PS. Case No.-549 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
Krishna Sah S/o Late Doma Sah 2.
Maya Devi @ Mayapati Devi W/o Krishna Sah 3.
Suraj Kumar S/o Krishna Sah All R/o Village Vidya Nagar, Utarwari Pokhra, Police Station Kalibagh O.P., District West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 354(A), 420, 504 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submit that petitioners are person with clean antecedent and petitioner no.2 is a women and informant alleges that the accused person
Patna High Court CR. MISC. No.23310 of 2024(2) dt.29-04-2024 2/3 including the petitioners came to his house and informed that they are in need of money for the purposes of their children's marriage, as such they intended to sale their land for a consideration of Rs.11 lakhs. It is next alleged that the informant accordingly entered into an agreement on a stamp paper of Rs.100/- and gave Rs.6,90,000/- to the petitioners for registering their land within a period of six months, but the petitioners refused to register the land. The learned counsel submits that the petitioners have been falsely implicated in the instant case. It is further submitted that, in the event, if what is alleged by the informant is true then the informant ought to have approached the court of competent civil jurisdiction for recovering the amount, but then criminal court should not be used as a tool for recovering monetary dues.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand ) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.23310 of 2024(2) dt.29-04-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Bettiah in connection with Bettiah Town Kalibag O.P. P.S. Case No.549 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T