Arjun Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43440 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -RAGHOPUR District- SUPAUL ======================================================
1. Arjun Mandal Son of Dukhi Mandal resident of Village - Diwanganj, Police Station - Raghopur, District - Supaul
2. Bijendra Kumar Mahto Son of Surya Narain Mahto
3. Umesh Kumar Sah Son of Late Domi Sah both residents of Village - Bhawanipur South, Police Station - Pratapganj, Dist. - Supaul .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Arun, Adv. For the Opposite Party : Mr. Humayou Ahmad Khan, APP 155 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.
The petitioners apprehend their arrest in Raghopur P.S. Case No. 78 of 2017 under Sections 406, 420, 467, 468, 471, 120B and other sections of the Indian Penal Code. The informant alleged that Bijendra Kumar Mahto and Umesh Kumar Sah, petitioners 2 and 3, agreed to purchase a land from Sublal Mandal on payment of consideration money of Rs.16,75,000/-. Accursed Bijendra Kumar Mahto and Umesh Kumar Sah stated the informant to purchase the land and paid Rs.5,40,000/-, but, the accused persons, Bijendra Kumar Mahto and Umesh Kumar Sah, got the sale deed executed in their own name and did not return the consideration amount to the informant.
The learned counsel for the petitioners submits that the title suit is also pending between the parties. Considering the fact that it appears to be a civil dispute between the parties, let the petitioners, above named, in
Patna High Court Cr.Misc. No.43440 of 2017 (2) dt.19-09-2017 2/2 the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Raghopur P.S. Case No. 78 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, Birpur, Supaul, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Prabhat Kumar Jha, J) SA/- U √ T √