Jharkhand High Court
Pramod Ram vs The State Of Jharkhand on 12 April, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4197 of 2016
Pramod Ram ...... Petitioner
Versus
1.The State of Jharkhand
2. Lala Prasad Yadav ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
For the State : A.P.P.
For the O.P. No.2 : Mr. S.K. Shukla, Advocate
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05/Dated: 12/04/2017
Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2.
The petitioner is apprehending his arrest in connection with the case registered under Sections 420, 406 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. It is also submitted that informant has not stated anything as to from where he has arranged such a huge amount of money and it is highly impossible that a person will give more than Rs. 1 Lac without anything in writing. It is also submitted that the present case is purely civil in nature and no criminal offence is made out against the petitioner.
Learned A.P.P has also opposed the prayer for anticipatory bail and produced the case diary.
Learned counsel for the informant has opposed the prayer for anticipatory bail and submitted that para 50 and 52 I.O has made an inquiry, it appears that although the some agreement was arrived between the parties and the petitioner has agreed to sale his land to the O.P. No.2 and petitioner has spent the money of school but school building has not been constructed.
From perusal of the case diary, it appears that para-6, I.O has recorded the statement of Ramaj Muni Prasad Yadav, para-7, I.O has recorded the statement of Bijaymal Yadav and para-8, I.O has recorded the statement of Budhan Yadav they have stated Lal Yadav has paid Rs. 10,100/- in presence of them to the petitioner and on 02.04.2014 an agreement was done. Basically, it appears that there is civil dispute between the parties as the breach of terms of agreement.
In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Lesliganj P.S. Case No. 2 of 2016 corresponding to G.R. No. 94 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anant Bijay Singh, J.) Satayendra/