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Patna High CourtCR. MISC./34309/2018bail granted

Binod Mandal And ANR v. State Of Bihar And ANR

2018-06-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34309 of 2018 Arising Out of PS.Case No. -1513 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Binod Mandal, S/o Late Madan Mohan Mandal,

2. Guddu Ram @ Guddu Singh @ Sanjay Singh, S/o Late Kailash Prasad Singh, Both resident of Mohalla Ishak Chak, P.S.- Ishakchak, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt Lalmuni Devi, W/o Arun Ram, Resident of Village- Mansarpur, Sabour, P.S.- Zeromile, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.

The petitioners apprehend their arrest in Complaint case No. 1513 of 2015 for the offences allegedly committed by the petitioners under Sections 406, 420, 467, 468, 506 and 120B of the Indian Penal Code.

The complainant alleged that her son-in-law, Mukesh Ram, his friend Guddu Ram @ Sanjay Singh, petitioner No.2, came and persuaded her to purchase a piece of land. The complainant further alleged that all the accused persons took money to get the land transferred from the landholder and a deed of agreement to sale was executed but the accused persons did not transfer the land in the name of complainant and her son even after

Patna High Court Cr.Misc. No.34309 of 2018 (2) dt.29-06-2018 2/2 receiving the entire consideration amount.

The learned counsel for the petitioners submits that Mukesh Ram, son-in-law of the complainant, himself had talk with the complainant. The petitioners have no manner of concern with the family affairs of complainant and her son-in-law. The money was taken in the year 2013 but the complaint was filed in the year 2015. The dispute is of civil nature. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Bhagalpur in connection with Complaint case No. 1513 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T