Raj Kumar Sah @ Khakhanu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68087 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Raj Kumar Sah @ Khakhanu Sah Son of Ramji Sah, Resident of VillageSahjauli, Police Station-Shahpur, District-Bhojpur. 2.

Rajesh Sah @ Makhanu Sah Son of Ramji Sah, Resident of Village-Sahjauli, Police Station-Shahpur, District-Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanahiya Prasad Rajak S/o Late Shiv Balak Rajak, Resident of VillageShuhiya, P.S-Sahpur, Distt.-Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Complaint Case No.344(C)/2019 registered for offence punishable under sections 465, 467, 468/34 of the Indian Penal Code.

Both the parties are agreed that they have settled the dispute in the manner that whatever the amount, opposite party no.2 has paid, will be returned by the petitioners along with 7% simple interest. In tern, opposite party no.2 will execute the deed of reconveyance in favour of Nand Kishore Mishra and

Patna High Court CR. MISC. No.68087 of 2019(4) dt.06-03-2020 2/3 the costs of the registry would be borne by Sri Nand Kishore Mishra/Shiv Shankar Sharma.

All all the process should be completed within three months. The opposite party no.2 would execute the deed of reconveyance after receipt of the money from Nand Kishore Mishra. If everything is made in amicable manner, both the parties would take step for filing an application before the court below submitting that the dispute has already been resolved and if it is found that the payment and reconveyance has been made, the court below taking into consideration that basically it is a civil dispute and the parties have settled the dispute, would pass an order in accordance with law.

The petitioners, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Bhojpur at Ara in connection with Complaint Case No.344(C)/2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the

Patna High Court CR. MISC. No.68087 of 2019(4) dt.06-03-2020 3/3 concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T