Balmiki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70038 of 2022 Arising Out of PS. Case No.-1010 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Balmiki Kumar Son Of Brijnandan Prasad R/O Village- Pachlakh, P.S.- Khizarsarai, District- Gaya 2.

Gitanjali Sinha Wife Of Balmiki Kumar R/O Village- Pachlakh, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/S

Versus

1.

The State Of Bihar Bihar 2.

Gaya Prasad Singh Son Of Late Munshi Prasad Singh @ Munshi Bhagat R/O Village- Pachlakh, P.S.- Khizersarai, District- Gaya, At Present R/O Mohalla- Lakkhibagh, P.S.- Moffasil, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint case no. 1010 of 2018 registered for the offences punishable under Sections 420,506 of the Indian Penal Code .

The prosecution case is based on a written report by the complainant alleging therein that he sold a piece of land in favour of accused persons but no money was given to the complainant by the accused persons and whenever complainant demanded for his money they threatened to grab his house. After that ,the complainant came to know that for other lands of

Patna High Court CR. MISC. No.70038 of 2022(2) dt.21-03-2023 2/2 the complainant were also sold by them.

It is submitted by the learned counsel for the petitioners that petitioner no. 1 is the grandson and petitioner no. 2 is the daughter-in-law of the complainant's uncle. It is further alleged that after paying full consideration money to the complainant the petitioners got the land in question registered and only with a view to harass and extort more money, this case was lodged. Petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released 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 the Additional Chief Judicial Magistrate,Gaya in Complainat Case no. 1010 of 2018. subject to condition as laid down under Section 438(2) of the Cr.P.C.

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