Vinay Singh @ Vinay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52000 of 2017 Arising Out of PS.Case No. -599 Year- 2017 Thana -NAWADA District- NAWADA ======================================================
1. Vinay Singh @ Vinay Kumar, Son of Late Achyutanand Singh
2. Dipak Kumar, Son of Vinay Singh @ Vinay Kumar Both residents of Village New Area Nawada, P.S. - Nawada, District - Nawada.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Nawada Town P.S. Case No. 599 of 2017 instituted for the offence under Sections 420, 406, 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code.
It is alleged by the informant that the petitioner No. 1 Vinay Singh cheated a sum of Rs.36,000/- and original sale deed from her on account of providing loan of Rs. 90,00,000/- from the Bank. It is further alleged that when the informant along with her father went to the house of Vinay Singh for return of the money and other papers, he assaulted her and her father with fists and
Patna High Court Cr.Misc. No.52000 of 2017 (2) dt.09-11-2017 2/3 slaps, due to which, she fell down and, thereafter, the son of Vinay Singh caught her hand and started dragging her with intention to outrage her modesty and also threatened her to implicate in a case if she dare to come in his house for demanding money. Learned counsel for the petitioners has submitted that there is land dispute between the parties. The instant case has been filed as counter blast of complaint case No. 976 of 2017 filed by the petitioner No. 1 against the informant and others under Sections 406 and 420 of the Indian Penal Code for not executing sale deed after receiving an amount of Rs.1,00,000/- from petitioner No. 1 as per agreement entered into between the parties.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nawada Town P.S. Case No. 599 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall
Patna High Court Cr.Misc. No.52000 of 2017 (2) dt.09-11-2017 3/3 cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T