Patna High CourtCR. MISC./56045/2017bail granted

Ramchandra Sharma And ORS v. State Of Bihar And ANR

2017-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56045 of 2017 Arising Out of PS.Case No. -335 Year- 2017 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Ramchandra Sharma, Son of Baldeo Sharma,

2. Manish Kumar, Son of Ramchandra Sharma.

3. Bijya Devi, Wife of Ramchandra Sharma, Residents of VillageSitanabad, Ghormunha Tola, Police Station- Bakhtiyarpur, District- Saharsa .... Petitioners

Versus

1. The State of Bihar.

2. Sonelal Sharma, son of Late Umeshwar Sharma, residents of VillageSitanabad, Ghormunha Tola, Police Station- Bakhtiyarpur, District- Saharsa .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Syed Masleh-Uddin Ashraf, Adv. For the Opposite Parties : Mr. Uma Shankar Prasad Singh, APP 65 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 335 of 2017 registered under Sections 420, 427 and 504 of the Indian Penal Code.

The complainant alleged that the petitioners took Rs.1,87,000/- for executing a sale deed with regard to the land of khata no. 546, but, the petitioners have not received any money from the complainant, Bijya Devi and Manish Kumar, petitioners 2 and 3, filed Title Suit No. 93 of 2016 against the complainant, Sonelal Sharma and others. The complainant, Sonelal Sharma, is defendant no. 11 in the title suit. There is no chit of paper to show that the petitioners received any money from the complainant. On the face of it, it appears that the dispute is of civil nature. Considering the facts, aforesaid, the petitioners, in the event of their arrest or surrender, within four weeks from the

Patna High Court Cr.Misc. No.56045 of 2017 (2) dt.13-12-2017 2/2 date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 335c of 2017 to the satisfaction of Chief Judicial Magistrate, Saharsa, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √