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Patna High CourtCR. MISC./54118/2018allowed

Rambha Devi And ORS v. The State Of Bihar

2018-12-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54118 of 2018 Arising Out of PS. Case No.-306 Year-2017 Thana- NAUTAN District- West Champaran ======================================================

1. Rambha Devi, W/o Jagarsan Sahni

2. Jagarsan Sahni,

3. Munnilal Sahni, S/o Both Bhikham Sahni.

4. Vijay Kumar @ Vijay Sahani, S/o Jagarsan Sahni

5. Ramkumar Sahni, S/o Ganga Sahni, All R/o Vill Santpur Tola Rudalpur, P.S. Nautan, Dist West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Nautan P.S. Case No. 306 of 2017 for the offence under Sections 406, 420, 504/34 of the Indian Penal Code.

Learned counsel on behalf of petitioner submits that the allegation of the petitioner is that he has taken advance but he has failed to execute sale deed or return the money. Learned counsel for the informant submit that the petitioners have received money but he has neither executed the sale deed nor returned the money .

Patna High Court Cr.Misc. No.54118 of 2018(3) dt.12-12-2018 2/2 Considering the totality of the facts situation that petitioners have no criminal antecedent, let the petitioners above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Bettiah West Champaran at Bettiah in connection with Nautan P.S. Case No. 306 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C. Granting of anticipatory bail to the the petitioner will not in any manner cause prejudice to the informant in approaching the appropriate forum for specific performance of the agreement between the parties either for execution of sale deed or for return of money.

(Anil Kumar Upadhyay, J) T.Kr./Rashid U T