Manoj Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32927 of 2021 Arising Out of PS. Case No.-202 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.
MANOJ KUMAR RAI Son of Upendra Rai Resident of Village and P.S.- Mohiuddinagar, Dist.- Samastipur.
2.
Ranoj Rai Son of Upendra Rai Resident of Village and P.S.- Mohiuddinagar, Dist.- Samastipur.
3.
Upendra Rai Son of Late Bhago Rai Resident of Village and P.S.- Mohiuddinagar, Dist.- Samastipur.
4.
Shushila Devi Wife of Upendra Rai Resident of Village and P.S.- Mohiuddinagar, Dist.- Samastipur.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners as well as learned APP for the State assisted by learned counsel for the informant through video conferencing.
The petitioners apprehend their arrest in connection with Dalsinghsarai P.S. Case No. 202 of 2020, registered for the offences punishable under Sections 406, 420, 468, 385/34 of the Indian Penal Code.
As per allegation, there was an agreement to sale of
Patna High Court CR. MISC. No.32927 of 2021(2) dt.02-02-2022 2/3 the land between the parties. Part of the consideration money which is rupees 9 lac has been given to the petitioner and the informant has to pay the rest amount of rupees 9 lac and it was the reason that the petitioner is not executing the sale deed. Learned counsel for the informant has submitted that the informant is ready to make payment of rest amount of rupees 9 lac but the petitioner should be directed to execute the sale deed after payment of that amount to which the learned counsel for petitioner has consented.
As both the parties are ready to settle their dispute and the informant is also ready to make payment of rupees 9 lac, let the petitioners be released on anticipatory bail in the event of his arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.I, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S. Case No. 202 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
And the court below shall be at liberty to pass appropriate order in case it was brought to the notice of the learned court below that any of the parties has retracted from its assurance given at the time of hearing of the present anticipatory
Patna High Court CR. MISC. No.32927 of 2021(2) dt.02-02-2022 3/3 bail petition.
Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) SONALI/- U T