Chandrama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87595 of 2024 Arising Out of PS. Case No.-384 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Chandrama Rai Son of Late Badal Rai R/O Village- Digdhikala, P. S.- Hajipur Sadar, District -Vaishali 2.

Ram Parvesh Rai son of Late Phudena Rai village- Lal Pokhar Dighi, PsHajipur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Vikram Singh For the State :

Mr. Chandra Sen Prasad Singh For the Informant :

Mr. Ravish Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471, 472, 120B, 506 of the Indian Penal Code. 3.

As per the FIR, informant and her daughter purchased a land from the petitioner no.1 after paying entire consideration amount to him. It is alleged that petitioner no.1 fraudulently sold the same land to one Anil Kumar vide registered sale deed. Petitioner no.2 was also actively involved in the forging of the sale document and took part in the transaction. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.87595 of 2024(2) dt.08-01-2025 2/3 They have been falsely implicated in this case. It is further submitted that after investigation, police had filed final form against the petitioners but a protest petition was filed against the said final form. The learned Court below took cognizance against the petitioners on the basis of the protest petition. It is further submitted that this is a pure civil nature of dispute between the parties. A title Suit No.489 of 2024 was filed by the petitioner no.1, thereafter, the present FIR was lodged. Petitioner no.2 has no criminal antecedent and petitioner no.1 has 9 criminal antecedents.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the petitioners are expert in committing cheating and forgery, after close to twenty nine years, the petitioner no.1 executed two sale deeds in favour of two vendees and the petitioner no.2 was an identifier in the same. It is further submitted that petitioners also entered into a registered development agreement dated 24.11. 2015, with M/S Pragstructures (P) Ltd., for the same piece of land sold to the informant and her daughter. Petitioner and their associates also threatened and intimidated the informant and demanded extortion from them.

Patna High Court CR. MISC. No.87595 of 2024(2) dt.08-01-2025 3/3 6.

Having regard to the facts and circumstances of the case as it is a case of civil nature of dispute, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hajipur Sadar P.S. Case No.384 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) shikha/- U T