Chandra Shekhar Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23243 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -CHOUTARWA District- WEST CHAMPARAN(BETTIAH) ======================================================
1. Chandra Shekhar Chaudhary
2. Lalbabu Chaudhary Both sons of late Laxman Chaudhary, resident of village - Kaulachi, P.S. - Chautarwa, District - West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-05-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chautarwa P.S. Case No. 20 of 2017 instituted for the offence under Sections 420, 467, 468, 471, 120(B), 323, 504 and 506 of the Indian Penal Code.
As per allegation in the complaint petition which was sent to Police Station, the accused persons came to the house of the informant and demanded Rs.35,000/-. The informant paid Rs.35,000/- and accused No. 3 Nandlal Choudhary executed sale deed in favour of the informant. When the informant went for cultivating the land, the petitioners told him that they will
Patna High Court Cr.Misc. No.23243 of 2017 (2) dt.25-05-2017 2/3 cultivate the land and will make payment of Rs.4,000/- per year to the informant. Thereafter, petitioners stopped making payment of the aforesaid amount in the year 2013 and when the informant made demand of his land, then accused persons told him that no sale deed has been executed in his favour.
It has been submitted on behalf of the petitioners that in fact, no sale deed was ever executed by accused No. 3 in favour of the complainant. The counsel for the petitioners has enclosed the sale deed executed by petitioner No. 1 in favour of accused No. 3 Nandlal Choudhary, on which, the informant is the identifier.
In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chautarwa P.S. Case No. 20 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
Patna High Court Cr.Misc. No.23243 of 2017 (2) dt.25-05-2017 3/3
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T