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Patna High CourtCR. MISC./4713/2016dismissed

Meena Devi And ANR v. The State Of Bihar

2016-05-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4713 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -KALER District- JEHANABAD ======================================================

1. Meena Devi Wife of Manoj Kumar Gupta

2. Manoj Kumar Gupta S/o Late Gaya Prasad Both R/o village - Agnur, P.S. Kaler, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 The petitioners are apprehending their arrest in a case registered for the offense punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code. The prosecution case is that rupees four lacs was paid by the informant to the petitioners for transfer of 62.5 decimals of land but only 45 decimals of land was transferred. On submission of the counsel for the petitioners that petitioners are ready to transfer the rest of the land the petitioners were granted provisional anticipatory bail vide Cr. Misc. No. 9537 of 2015 by this Court. The provisional bail of the petitioners was to be confirmed on transfer of the rest of the land in favour of the informant.

It is submitted by learned counsel for the petitioners that now it is not possible for the petitioners to transfer the rest of the land to the informant but petitioners are

Patna High Court Cr.Misc. No.4713 of 2016 (2) dt.25-05-2016 2/2 ready to return the balance consideration amount. Considering the fact that earlier on the undertaking of the petitioners to transfer the land to the informant the petitioners were granted provisional anticipatory bail but the petitioners failed to comply the undertaking given before this Court, the second anticipatory bail application is not maintainable.

Accordingly the application stands dismissed in connection with Kaler P.S. Case No. 47 of 2014, pending in the Court of learned Chief Judicial Magistrate, Arwal. (Dinesh Kumar Singh, J) Shageer/- U T