Ram Sagar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47036 of 2017 Arising Out of PS.Case No. -125 Year- 2015 Thana -DIDARGANJ District- PATNA ======================================================
1. Ram Sagar Singh, Son of Late Chotu Singh,
2. Ravish Chandra Singh, Son of Ram Sagar Singh,
3. Satish Kumar, Son of Ram Sagar Singh,
4. Atma Nand Kumar, son of Ram Sagar Singh, all are resident of villagePunadih, P.s. Didarganj, District-Patna. .... .... Petitioners
Versus
1. The State of Bihar,
2. Rajeev Ranjan Kumar, Son of Yogeshwar Singh, Resident of villageHiranandpur, P.O. Kothiya, P.S. Didarganj, District-Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Dhari Singh For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Didarganj P.S. Case no. 125 of 2015 (Complaint Case No. 639 of 2015), registered under Sections 384, 386, 420, 406 and 120(B)/34 of the Indian Penal Code.
The accusation is that petitioner No.1 in presence of his sons petitioner No.2 to 4 talked with complainant-O.P. No.2 and his friend Ram Singhashan Singh to execute the sale deed in respect of two plots and also took advance of Rs. 30,00,000/- on different dates. On 16.01.2015 petitioner No.1 went at the registry office and put the signature on the drafted sale deed, but left the registry office without
Patna High Court Cr.Misc. No.47036 of 2017 (2) dt.22-09-2017 2/2 presenting the same on receiving the remaining amount. In spite of several requests and legal notice sent to him, he did not ready to present the drafted sale deed before the sub-Registrar for registration. Learned counsel for the petitioners submits that while petitioner No.1 talked to the complainant and his friend to sale the land, but later on petitioner No.1 felt difficulty to sale the land as the land was joint in the name of his brother then he refused. Only to give undue pressure, the complainant and has lodged the present case with ulterior motive. Moreover, remedy about the dispute as disclosed in the complaint petition is available under the Registration Act.
Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna City in connection with Didarganj P.S. Case No. 125 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T