Jai Prakash Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7730 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -SC/ST District- BANKA ======================================================

1. Jai Prakash Sah Son of Bhujangi Sah

2. Prakash Mandal Son of Late Kamleshwari Mandal, Both residents of village Rajoun, P.S. Rajoun, District Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406,420,504,506 and 386 of the Indian Penal Code and sections 3(1)(viii),(x) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that an agreement was entered into between the informant and petitioner no. 1 for executing a sale deed with regard to two decimals of land by petitioner no. 1 in favour of the informant for consideration amount of Rs.2,20,000/-. On 25.2.2013 payment of Rs.90,000/- was made and thereafter the balance amount was also paid but the sale deed was not executed. More

Patna High Court Cr.Misc. No.7730 of 2015 (2) dt.26-02-2015 2/2 over, extortion amount was demanded.

It is submitted by the learned counsel for the petitioners that petitioner no. 2 is a witness to the agreement to sale and now petitioner no. 1 has executed the sale deed with regard to the land in question in favour of the informant. The sale deed has been brought on record as Annexure 2. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Banka SC/ST P.S. Case No. 52 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T