Gopal Sharan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29569 of 2024 Arising Out of PS. Case No.-307 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Gopal Sharan Son of Sunil Kumar Resident of Village- Beni Bigha, P.O. Beni Bigha, P.S. Vikram, District- Patna 2.
Ram Govind Sharma S/o Late Raghow Ram Sharma @ Late Raghoram Singh Resident of Village- Beni Bigha, P.O. Beni Bigha, P.S. Vikram, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Satendra Kumar Singh S/o Late Sudeshwar Singh Resident of VillageKarkat Vigaha, P.O. Ranipur, P.S.- Paliganj, District-Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Danapur (Patna) Complaint Case No. 307 of 2022 dated, instituted for the offence punishable under Sections 323, 420, 120(B), 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that the complainant and petitioners are relative and they had purchased a Cow along with its Calf from him of Rs. 52,000/- and made commitment to pay the borrowed amount within six months.
Patna High Court CR. MISC. No.29569 of 2024(2) dt.15-05-2024 2/3 The complainant had demanded his money but they asked for two months further time to pay the said amount. Even after lapse of eight months, the accused did not pay the said amount and started procrastinating. Then, the complainant sent a legal notice to the petitioners which was not replied.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is land dispute between the parties is going on. It is specifically submitted that the petitioners have not purchased any Cow along with Calf from Opposite Party No. 2 at Rs. 52,000/-. It is a case of civil nature. The present complaint case has been filed only for harassing the petitioners. Lastly, it has been submitted that petitioner no. 1 has one criminal case against him and petitioner no. 2 has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Danapur (Patna) Complaint Case No. 307 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds
Patna High Court CR. MISC. No.29569 of 2024(2) dt.15-05-2024 3/3 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class, Danapur, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T