Raghunandan Paswan And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16681 of 2017 Arising Out of PS.Case No. -3474 Year- 2015 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ======================================================
1. Raghunandan Paswan, son of Late Dahaur Paswan
2. Tribhuwan Paswan, son of Raghunandan Paswan
3. Kajoma Devi, wife of Tribhuwan Paswan, all residents of village Jhamatia, P.S. Bachhawara, District Begusarai .... .... Petitioners
Versus
1. The State of Bihar
2. Maniya Devi, wife of Dorik Paswan, resident of village Chhabilapur, P.S. Manjoorchak, District Begusarai .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Hare Krishna Prasad, Advocate For the Opposite Party/s : . Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Complaint Case No. 3474 of 2015 lodged for the offences punishable under Sections 406, 323, 504, 420 and 467 of the Indian Penal Code.
Allegation against the petitioners is that petitioner No.1 had got a sale-deed executed with respect to certain land after taking consideration money from the complainant but now he is trying to sell the land to some other person and when complainant objected he threatened her.
It has been submitted on behalf of the petitioners that petitioner No.1 is the father of complainant, who has purchased the land and given it to the complainant for cultivating purpose and now he is in need of money and, as such, he is trying to sell the same and the land has been given to the complainant 25 years ago.
Patna High Court Cr.Misc. No.16681 of 2017 (3) dt.21-04-2017 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail.
Having heard both sides and in view of the fact that sale-deed was executed 25 years ago and also considering the facts and circumstances, as stated above, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Complaint Case No.
3474 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the trial and make themselves available before the court on the date fixed and in the event of failure on their part to appear before the court on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.