Sugriv Sharma @ Sugrim Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44290 of 2017 Arising Out of PS.Case No. -193 Year- 2015 Thana -DARAUNDHA District- SIWAN ======================================================

1. Sugriv Sharma @ Sugrim Sharma, Son of Ramjee Sharma,

2. Hewanti Devi, Wife of Sugriv Sharma, Both residents of VillageRamsapur, P.S.- Daraunda, District- Siwan. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ramadhar Shekhar, Advocate For the Opposite Party : Smt Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Daraunda P.S. Case No. 193 of 2015, registered for the offences punishable under Sections 341, 323, 420, 406, 504/34 of the Indian Penal Code.

Allegedly, the petitioner no.1 being brother-in-law and petitioner no.2 being own sister of the informant instigated the informant to purchase land and then in the account of the petitioner no.1 amount of Rs. 397000/- was transferred and cash of Rs. 3,24000/- was given but sale deed was executed for only four dhurs lands for Rs. 1,70,000/- and the rest amount was not returned to the informant and when demanded money she was

Patna High Court Cr.Misc. No.44290 of 2017 (2) dt.21-09-2017 2/2 abused and assaulted by both the petitioners. Submission is of false implication and that two sale deeds have been executed in favour of the petitioner no.1 and the informant, one is for consideration amount of Rs. 2,57,000/- and other is for Rs. 4,99,000/-. The informant has lodged this case with wrong allegation, no offence as alleged is made out against the petitioner. The dispute is purely of civil nature and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No.193 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T