Ram Prawesh Thakur And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13656 of 2018 Arising Out of PS.Case No. -666 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Ram Prawesh Thakur, Son of Late Raghuwar Thakur, Resident of Village-Bajitpur Pall Tola, P.S.-Paroo, District-Muzaffarpur
2. Vinod Thakur @ Vinod Kumar Son of Ram Adhar Thakur, Resident of Village-Kishun Nagar Puraina, P.S.-Minapur, District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ramnath Thakur S/o late Ram Ayodheya Thakur R/o Mangurahaiya Bajitpur, P.S.-Paroo, District-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Trail No.4923 of 2017 arising out of Complaint Case No.666 of 2015 , registered for offences punishable under Sections 46, 420, 467, 468, 471/34 of the Indian Penal Code. Petitioner no.1 appears to be uncle of the informant and the petitioner no.2 is the son-in-law of the petitioner no.1 and allegation is that they have taken Rs.04 lac for executing sale-deed in favour of the some land but in spite of that they are not executing the sale-deed.
Submission of the learned counsel for the petitioners is that
Patna High Court Cr.Misc. No.13656 of 2018 (2) dt.10-04-2018 2/3 the informant is the nephew of the petitioner no.1 and property has been partitioned and so far allegation of taking Rs.04 lac is concerned, he has taken only Rs.01 lac in installment of Rs.40,000/- though allegation of taking Rs.04 lac is false and concocted and the present case has been lodged with a view to grab the land of the petitioner and so far petitioner no.2 is concerned, there is specific allegation against him. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, J.M. 1st class Muzaffarpur in connection with Trail No.4923 of 2017 arising out of Complaint Case No.666 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when
Patna High Court Cr.Misc. No.13656 of 2018 (2) dt.10-04-2018 3/3 required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T