Parwati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29169 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Parwati Devi wife of Late Krishna Mohan Yadav

2. Pramod Yadav son of Late Krishna Mohan Yadav

3. Ganesh Yadav son of Late Krishna Mohan Yadav

4. Kumod Yadav @ Kumoma Yadav son of Late Krishna Mohan Yadav All resident of Village- Ganeshpur, P.S.- K. Nagar, District- Purnea. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. At the very outset, learned counsel for the petitioners submits that petitioner no.3, namely, Ganesh Yadav has already been arrested so anticipatory bail filed on his behalf has come infructuous and wants to withdraw the same on his behalf. Accordingly, anticipatory bail filed on behalf of petitioner no.3, Ganesh Yadav is dismissed as withdrawn. Rest petitioners apprehend their arrest in connection with K. Nagar P.S. Case No.125 of 2017 registered under Sections 384/406/506/34 of the Indian Penal Code.

Allegation is that petitioner no.1 executed a deed of agreement for sale in favour of the informant's wife and total consideration money of Rs.38,000/- was paid to her, possession

Patna High Court Cr.Misc. No.29169 of 2017 (2) dt.13-07-2017 2 / 2 too was handed over to the informant's wife and a house was constructed thereafter she is not executing the sale deed, when the informant made complaint then all accused persons intended to assault and threatened him.

Learned counsel for the petitioners submits that informant's side has already got possession over the land but total consideration money is not being paid so refused to execute sale deed.

Having considered the said facts and circumstances, as the dispute primarily appears civil in nature, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner nos.1, 2 and 4, namely, Parwati Devi, Pramod Yadav and Kumod Yadav @ Kumoma Yadav, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No.125 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Arun Kumar, J.) S.Kumar/- U T