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Patna High CourtCR. MISC./46108/2016disposed

Abhay Singh And ANR v. The State Of Bihar

2016-10-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46108 of 2016 Arising Out of PS.Case No. -285 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. Abhay Singh

2. Ranjit Singh @ Babalu Singh Both are son of Late Ramdeo Singh, resident of village- Shahpur, Police Station-Sonepur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 468, 469, 406, 420, 120B of the Indian Penal Code. The prosecution case is that the petitioners persuaded the informant to enter into an agreement with Sitaram Sharma for transfer of the land in favour of informant. Against the total consideration amount of Rs. 50,51,000/- the informant gave Rs. 4,00,000/- as advance to Sitaram Sharma, but subsequently the sale deed was executed in favour of Sudha Pandey and Shashi Shahi. It is alleged against petitioner no. 1 namely Abhay Singh, he is witness to the subsequent sale-deed, whereas petitioner no. 2 took the agreement to sale papers from the informant by

Patna High Court Cr.Misc. No.46108 of 2016 (2) dt.22-10-2016 deceiving him.

It is submitted by the learned counsel for the petitioners that informant has entered into a compromise with Sitaram Sharma as the consideration amount has been returned. This fact has not been controverted by the learned counsel for the informant.

It is submitted by the informant that these petitioners misled the informant.

In view of the above fact, it is a case for consideration of prayer for bail of the petitioners, let the learned court below consider the prayer for regular bail of the petitioners, if they surrender before the learned court below within a period of six weeks from today in connection with Sonepur P.S. Case No. 285 of 2016, pending in the court of learned Additional Chief Judicial Magistrate-I, Saran at Chapra.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T