Dhaneshwar Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24053 of 2015 Arising Out of PS.Case No. -18 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Dhaneshwar Yadav S/o Late Mahavir Yadav

2. Hansraj Yadav S/o Late Mahavir Yadav

3. Bisho Yadav S/o Late Mahavir Yadav All Resident of Village Pathara, Police Station Pipra, District Supaul. Presently resident of Village Kamalpur, Police Station Ghailarh, District Madhepura. .... .... Petitioners

Versus

1. The State of Bihar.

2. Sunita Devi W/o Durga Prasad Yadav Resident of Village Pathara, Police Station Pipara, District Supaul.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ashok Kumar, Advocate.

For the Opposite Parties : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The complainant alleged that the petitioners agreed to execute a sale deed with regard to a piece of land on consideration of Rs. 1,70,000/-. It is alleged that the deed was prepared and the petitioners put their signatures acknowledging the receipt of consideration amount, but when the deed was presented before the Sub-Registrar for registration the petitioners fled away without accepting the registration.

Patna High Court Cr.Misc. No.24053 of 2015 (4) dt.07-10-2015 2/2 It is submitted that the petitioners on the same date i.e. on 03.11.2012 executed a sale deed in favour of the complainant. It is further submitted that the complainant filed a suit for recovery of the consideration amount from the petitioners and suit has already been decreed.

Considering the facts aforesaid and the fact that the grievance of the complainant has already been redressed in the suit, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Sri J. Kumar, the learned Judicial Magistrate, Supaul in Complaint Case No. 18C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T