Dhananjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41384 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- BARUN District- Aurangabad ====================================================== 1.

DHANANJAY CHOUDHARY Son of Late Heeralal Choudhary R/o village - Khemda, P.S.- Barun, District - Aurangabad 2.

Reeta Devi Wife of Dhananjay Choudhary R/o village - Khemda, P.S.- Barun, District - Aurangabad ... ... Petitioners.

Versus

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

For the Petitioners :

Mr. Ashok Kumar Singh For the State :

Mr. Pramod Kumar Pandey For the Informant : Mrs. Leelawati Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 419, 420, & 406/34 of the Indian Penal Code.

The allegation against these petitioners is that they had taken a sum of Rs.12,00,000/- from the informant for selling a piece of land but neither they returned the money nor

Patna High Court CR. MISC. No.41384 of 2022(2) dt.24-11-2022 2/2 executed the sale deed.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The petitioners are husband and wife. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that it is purely a civil dispute pertaining to land and money and for which criminal prosecution has been launched. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as well as the fact that the dispute is civil in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Barun P.S. Case No.125 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.