Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39015 of 2024 Arising Out of PS. Case No.-461 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.

Ravi Ranjan Kumar S/o Surendra Thakur R/Village - Sekhi Chakiya P.S. Chakiya, District- Motihari.

2.

Niharika Kumari @ Mithu Kumari W/o Dharmendra Thakur R/Village - Sekhi Chakiya P.S. Chakiya, District- Motihari At present resident of village- Gopal Chhapara Bakhari, P.S. - Kalyanpur , Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Rabindra Kumar.

2. The supplementary affidavit filed on behalf of the petitioners is taken on record.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406, 504, 506 and 120B of the Indian Penal Code.

4. Learned counsel for the petitioners submits that petitioners have antecedent of one case and the informant alleges that he purchased the land as detailed in the FIR through a registered sale deed executed by Surendra Thakur for

Patna High Court CR. MISC. No.39015 of 2024(2) dt.08-08-2024 2/3 consideration of 15 Lakhs, further when he applied for mutation, the same was rejected on the ground that the land in question is a government land, further petitioner no. 1 is a witness on the sale deed and petitioner no. 2 is daughter of Surendra Thakur who actively participated in selling the land in connivance of the accused persons including the petitioners, as her father is an aged person.

5. The learned counsel for the petitioners without going into the merits of the case, at the outset, submits that the case in between the informant and the co-accused Surendra Thakur has been compromised as would manifest from the compromise petition dated 06.06.2024. It is also submitted that informant now does not have any objection in the event if anticipatory bail is granted to the petitioners.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.39015 of 2024(2) dt.08-08-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chakia P.S. Case No. 461 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the genuineness of the compromise and in the event if the informant disputes the compromise in that event, the present anticipatory bail order shall not be given effect to.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T