Amresh Kumar Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46319 of 2023 Arising Out of PS. Case No.-157 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Amresh Kumar Poddar S/O Rajendra Poddar R/O Village- Bhawanipur, Ps. (RANGRA Chowk) Gopalpur, Dist. Bhagalpur 2.
Fantus Kumar S/O Mahesh Mandal R/O Village- Milki, Ps. Naugachia, Dist. Bhagalpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Meera Devi W/O Late Pramod Mandal R/O Village- Post- Makhatakiya, Ps. Naugachia, Dist. Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the complainant.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 120(B), 420, 467 and 468 of the Indian Penal Code pending in the learned court below.
3. Allegation against the petitioners is that they took money from the complainant for sale of a piece of land and later on force her to take another land.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that now the petitioners is ready to return the amount of Rs.5,00,00/- to the complainant within a period of six months in five installments and learned counsel for the
Patna High Court CR. MISC. No.46319 of 2023(3) dt.28-08-2023 2/2 complainant is also agreed on this point. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State along with learned counsel for the complainant submits that now the complainant has no objection to sale the aforesaid land to the other person.
6. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on provisional bail for a period of six months, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.157/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Learned court below is directed to confirm the bail bond of the petitioners after verifying the fact that petitioners have paid Rs.5,00,000/- to the complainant.
(Anjani Kumar Sharan, J) ajay/- U T