Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1707 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- RAHUI District- Nalanda ====================================================== 1.

Jagdish Yadav, S/O Dhanushdhari Yadav R/O Village- Mandilpur, P.S.- Rahui, Distt.- Nalanda 2.

Sunil Yadav, S/O Jagdish Yadav R/O Village- Mandilpur, P.S.- Rahui, Distt.- Nalanda 3.

Kalender Yadav @ Kosindra Yadav, S/O Inderdeo Yadav R/O VillageMoratalab, P.S.- Rahui, (Bhagan Bigha), Distt.- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 365, 420, 120(B) and 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and it is submitted that a pure civil dispute has been given colour of a criminal case. It is next submitted that the informant alleges that when she went to the Registry Office, she saw that the accused persons including the petitioners had brought her husband to the

Patna High Court CR. MISC. No.1707 of 2022(2) dt.08-08-2022 2/3 Registry Office for executing a sale deed. It is next alleged that her husband is mentally ill and the accused persons fraudulently brought him to get the land registered. It is next alleged that the informant is childless.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated inn the present case. It is also submitted that the husband of the informant after receiving Rs.31,70,000/-, executed the sale deed. It is next submitted that in the event, if the informant or her husband is aggrieved by the execution of the sale deed, then they have remedies available in law by resorting to a Civil Procedure. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rahui P. S. Case No.288 of 2021, subject to the conditions laid down under

Patna High Court CR. MISC. No.1707 of 2022(2) dt.08-08-2022 3/3 Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T