Sri Ram Singh @ Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21263 of 2019 Arising Out of PS. Case No.-1007 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== SRI RAM SINGH @ RAM SINGH, S/o Late Rameshwar Singh, Resident of Village-Mandabigha, P.S and District-Jehanabad. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunwar Digvijay Singh For the Opposite Party/s :

Mr. Anil Kumar For the Informant : Mr. Rama Kant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Jehanabad P.S. Case No. 1007 of 2018 registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

Prosecution story as per written statement is that the informant and his elder brother had a talk with one Som Nath Singh for purchase of land bearing Khata No. 81 and 82 and for that they paid Rs.1 lac to Som Nath Singh in presence of the petitioner and an agreement was made and thereafter his elder brother paid Rs.17.5 lac in the accounts of Som Nath Singh, his wife Gayatri Devi and his son and in spite of that sale deed was not executed and due to that his brother was heart attacked and died. It further appears that on demand the accused persons abused the informant and refused to return the money.

Patna High Court CR. MISC. No.21263 of 2019(2) dt.09-05-2019 2/2 Submission of learned counsel for the petitioner is that FIR itself shows that whatever payment has been made that has been made in the accounts of Som Nath Singh, his wife and his son and only allegation against the petitioner is that in presence of him amount was paid.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that the petitioner was the mediator and in his presence payment was made.

In view of above facts and circumstances, let petitioner, in the event of his surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jehanabad, in connection with Jehanabad P.S.Case No. 1007 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in the investigation. (Vinod Kumar Sinha, J) spal/- U T