Ilaka Pathak @ Ilaka Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62885 of 2021 Arising Out of PS. Case No.-103 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

ILAKA PATHAK @ ILAKA PANDEY S/o Late Ram Prabhaw Pandey R/o Village - Kanhauli Bishundutt, P.S. - Mithanpura, District - Muzaffarpur. 2.

DEVESH KUMAR PATHAK S/o Ilaka Pathak @ Ilaka Pandey R/o Village - Kanhauli Bishundutt, P.S. - Mithanpura, District - Muzaffarpur. 3.

GANGESH KUMAR PATHAK S/o Ilaka Pathak @ Ilaka Pandey R/o Village - Kanhauli Bishundutt, P.S. - Mithanpura, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aprajita, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 406, 341, 323, 506 and 34 of the Indian Penal Code. The prosecution case in nutshell is that the main accused Khushboo Kumari agreed to sale the land to Sanjay Kumar and got an amount of Rs.8,20,000 from the informant but later on she refused to execute the land in favour of the informant as well as she along with others assaulted him. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.62885 of 2021(3) dt.30-03-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that only Kushboo Kumari received the money in question from informant, Sanjay Kumar, and not these petitioners. He further submits that the matter is purely of civil in nature. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Muzaffarpur in connection with Mithanpura P.S. case No.103 of 2021 dated 21.05.2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T