Patna High CourtCR. MISC./5961/2017bail granted

Mahendra Mishra And ANR v. The State Of Bihar

2017-02-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5961 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Mahendra Mishra, s/o Late Rajendra Mishra

2. Manoj Mishra, S/o Mahendra Mishra, Both are resident of villageKukraun No.1., P. S. Dhamdaha, District- Purnia .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rang Nath Choubey, Advocate For the Opposite Party : Mr. Binod Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 162 of 2016, registered for the offences punishable under Section 420 of the Indian Penal Code. Allegedly, the petitioners sold the land to the informant for Rs. 2,90,000./- after receiving the consideration money, but that land was already gifted by the petitioners earlier and then the informant demanded her money but the petitioner evaded the matter.

Submission is of false implication and that the informant is in possession over the land, if the informant get the sale deed cancelled then the petitioner is ready to return the consideration amount with legal interest. The dispute appears

Patna High Court Cr.Misc. No.5961 of 2017 (2) dt.22-02-2017 2/2 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, considering the nature of dispute, 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, Purnea, in connection with Dhamdaha P.S. Case No. 162 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T