Santosh Mehta And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47074 of 2017 Arising Out of PS.Case No. -1686 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Santosh Mehta, Son of Late Jhameli Mehta, Resident of VillageKhabdah Dumariya, P.S.- Narpatganj, District- Araria.

2. Sunil Thakur, Son of Ramashish Thakur, Resident of Village- Chakorwa, Ward No. 5, P.S.- Narpatganj, District- Araria.

3. Puniyanand Das, Son of Kulanand Das, Resident of Village- Dumariya, P.S.- Narpatganj, District- Araria.

4. Shambhu Kumar Mehta, Son of Bidyanand Mehta, Resident of VillageJhirwa Pachiyari, P.S.- Simraha, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gunja Devi, Daughter of Late Madan Lal Mehta, W/o- Pramod Mehta, Resident of Village- Mirzapur Kothi, P.S.- Simraha, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Supplementary affidavit filed by the learned counsel for the petitioners. The same may be kept on record. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 417, 420/34 of the Indian Penal Code.

Allegation against the petitioners is that they duped the complainant and got her land transferred through registered sale deed.

Patna High Court Cr.Misc. No.47074 of 2017 (3) dt.17-10-2017 2/2 Submission of the learned counsel for the petitioner is that before registration of the document, other formalities including detail information to the Registrar regarding nature of transaction and receipt of consideration money is there and there is presumption of performance of official act in due course. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Complaint Case No. 1686C/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J.) Rakhi U T