Ekram Mian @ Ekramul Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 71395 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

EKRAM MIAN @ EKRAMUL HUSSAIN Son of Mobarak Hussain Resident of Village - Amwavrit, P.S. - Paharpur, District - East Champaran. 2.

Vidya Bhushan Singh Son of Madan Singh Resident of Village - Paharpur, P.S. - Paharpur, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pappu Pal Son of Kashi Raut @ Kashi Pal Resident of Village - Barharwa, P.S.- Turkaulia, District - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Complaint Case No C-142 of 2019 instituted for the offence punishable under Section (s) 420, 406/34 of Indian Penal Code. It is alleged that petitioner No 2 had taken Rs 2,10,000/- for executing a land registration in favour of the complainant. Petitioner No 1 is alleged witness to the same. Prosecution case is that in spite of such consideration having been received by petitioner No 2, the land registration has not been executed.

Patna High Court CR. MISC. No.71395 of 2019(5) dt.05-03-2020 2/3 Petitioner's counsel submits that the allegations are predominantly civil in nature for which resort to the instant proceeding is nothing but a pressure tactics as no chit of paper has been annexed along with the complaint to support payment of Rs 2,10,000/-.

Learned APP for the State and learned counsel for the informant have opposed the prayer for bail.

In the facts and circumstances of the case, prayer of petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the Court below, within four (04) weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, East Champaran at Motihari in connection with Complaint Case No C-142 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.71395 of 2019(5) dt.05-03-2020 3/3 address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U