Pramod Kumar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37157 of 2018 Arising Out of PS.Case No. -107 Year- 2014 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Pramod Kumar Singh, S/o late Bhuneshwar Prasad Singh,
2. Tinku Singh @ Neeraj Kumar Singh
3. Roshan Kumar Singh Both S/o Pramod Kumar Singh, All R/o vill.- Panchgachhiya, P.S.- Bihra , Distt.- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ramdeo Sah S/o Lakshman Sah, R/o Vill.- panchgachhiya, P.S.- Bihra, Distt.- Saharsa.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Complaint Case no.107 of 2014 , registered for offences punishable under Sections 417, 406, 323, 34 of the Indian Penal Code.
Allegation against the petitioners is that he had taken Rs.29,000/- in pursuance of agreement for sale of land but neither they executed the sale-deed nor they have returned the money, whereas submission of the learned counsel for the petitioners is that they have already returned the amount and they have demanded the papers relating to agreement but the same was not returned and for that they had filed a complaint case in the year, 2012 and thereafter the present case has been filed.
Patna High Court Cr.Misc. No.37157 of 2018 (2) dt.31-08-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant and they have denied the fact that the petitioners have returned the amount. .
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Saharsa in connection with Complaitn Case No.107C of 2014 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T