Sanjay Kumar Mahton And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49424 of 2014 Arising Out of PS.Case No. -1855 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Sanjay Kumar Mahton Son of Ramashish Mahton Resident of Village - Govindpur Chaufar, P.S. - Mansoorchak, District - Begusarai.

2. Pankaj Kumar Mahton @ Pankaj Kumar Son of Ram Nandan Mahton Resident of Village - Govindpur, Mohanpur, P.S. - Mansoorchak, District - Begusarai.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Randhir Kumar No-1, Advocate. For the Opposite Party : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.

Petitioners apprehend their arrest in a case under Sections 420 and 468/34 of the I.P.C.

The complainant alleged that the petitioners took her on the pretext of getting her treatment by a doctor for loss of her eyesight and fraudulently brought a sale deed in existence. It is submitted that the complainant herself executed the sale deed after receiving the consideration amount thereafter she filed a case for putting pressure on the petitioners. Considering the facts aforesaid and the nature of allegations alleged against the petitioners and the fact that if the

Patna High Court Cr.Misc. No.49424 of 2014 (2) dt.09-04-2015 2 / 2 petitioners fraudulently got executed the sale deed, she may file suit for cancellation of the alleged sale deed instead of filing complaint case.

On the other hand, learned Additional P.P. opposed the prayer for anticipatory bail.

Considering the facts aforesaid, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within four weeks from the date of receipt/production of a copy of the order on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Begusarai, in connection with Complaint Case No. 1855C of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

U.K./- (Prabhat Kumar Jha, J) U T