Sharda Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3580 of 2019 Arising Out of PS. Case No.-144 Year-2017 Thana- DIGHWARA District- Saran ======================================================

1. Sharda Devi and Ors Late Jivnath Sharma Resident of village-Sitalpur, Babu Tola, Police Station-Dighwara, District-Saran at Chapra

2. Madan Kumar Singh Late Mahesh Singh Resident of village-Sitalpur, Babu Tola, Police Station-Dighwara, District-Saran at Chapra

3. Jai Jai Kumar singh @ Jai Jai Kumar Late Jivnath Sharma Resident of village-Sitalpur, Babu Tola, Police Station-Dighwara, District-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 Learned counsel for the petitioners is permitted to make correction in paragraph Nos. 11 and 13 of the petition. Heard the parties.

The petitioners seek anticipatory bail in connection with Dighwara P.S. Case No. 144 of 2017, registered for offences punishable under Sections 420, 467, 468, 406 and 504/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the informant purchased the land from the petitioners and for mutation of the land went to the Circle Office, Dighwara but revenue Karamchari refused to mutate the land and when the informant along with her husband went to the house of the petitioners to return the money and thereafter, the petitioners refused to refund the amount.

Patna High Court Cr.Misc. No.3580 of 2019(3) dt.05-02-2019 2/2 Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and there is no any violation of term of condition of agreement and further no any specific allegation has been attributed against the petitioners and the petitioners have no criminal antecedents. Heard learned A.P.P. who opposes he prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Dighwara P.S.Case No.

144 of 2017, to the satisfaction of Sri Sunil Kumar Singh, learned Judicial Magistrate, 1st class, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T