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Patna High CourtCR. MISC./65868/2023bail granted

Paltu Bind v. The State Of Bihar

2023-10-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65868 of 2023 Arising Out of PS. Case No.-1150 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

Paltu Bind S/O- Late Mahavir Bind R/o Village- Dharmpura Ps- Sonhan PoSaitha Dist- Kaimur at Bhabua 2.

Shiv Murat Bind S/O- Paltu Bind R/o Village- Dharmpura Ps- Sonhan PoSaitha Dist- Kaimur at Bhabua 3.

Lochan Bind son of Late Mahavir BInd R/o Village- Dharmpura Ps- Sonhan Po- Saitha Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 341, 420, 120(B) of the Indian Penal Code.

3. It is alleged that complainant gave Rs. 2,08,000/- (two lacs eight thousand) to the petitioners for the purpose of registry of two acres of land, as per agreement, but when the complainant received the paper, he found that accused persons committed fraud with him and only 13 decimal of land was registered in his favour.

4. It is submitted on behalf of petitioners that it is

Patna High Court CR. MISC. No.65868 of 2023(2) dt.17-10-2023 2/2 purely a dispute of civil nature. Petitioners have already executed a registered sale-deed on 26.02.2021, vide sale deed no. 1687, of 13 decimal of land in favour of complainant. It is further submitted that there was no agreement between the parties for sale and purchase of two acre of land after payment of alleged money i.e. Rs. 2,08,000/-. The complainant has not produced any chit of paper in support of his averment.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the nature of dispute, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IV, Kaimur at Bhabua in connection with Complainat Case No. 1150 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T