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Patna High Court - Orders

Suresh Roy @ Suresh Yadav vs The State Of Bihar on 21 November, 2022

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33915 of 2022
                  Arising Out of PS. Case No.-1206 Year-2020 Thana- BEGUSARAI COMPLAINT CASE
                                                   District- Begusarai
                 ======================================================
           1.     SURESH ROY @ SURESH YADAV Son of Late Ram Kinkar Roy Resident
                  of Village - Satha Rasidpur, P.S.- Mansoorchak, District - Begusarai.
           2.    Chandan Yadav @ Chandan Roy Son of Suresh Roy @ Suresh Yadav
                 Resident of Village - Satha Rasidpur, P.S.- Mansoorchak, District -
                 Begusarai.
           3.    Kundan Roy Son of Suresh Roy @ Suresh Yadav Resident of Village - Satha
                 Rasidpur, P.S.- Mansoorchak, District - Begusarai.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Sangeeta Devi Wife of Late Lalan Das Resident of Village - Satha Rasidpur,
                 P.S.- Mansoorchak, District - Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Suneil Kumar Thakur
                 For the Opposite Party/s :   Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   21-11-2022

Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of opposite party no.2.

Petitioners apprehends their arrest in connection with Complaint Case No.1206C/2020, registered for the offences punishable under Sections 341, 354, 420, 447 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 01.10.2019, petitioners no.1 and 2 received a sum of Rs.79,000/- from the Patna High Court CR. MISC. No.33915 of 2022(4) dt.21-11-2022 2/3 complainant to execute a sale deed for a land in her favour. It is further alleged that the petitioners always evaded the execution of the sale deed. The complainant filed a case being no.40/2019 before the Satha Gram Kutchery. Thereafter the petitioners gave a cheque of Rs.51,000/- of Bandhan Bank to the complainant. Lastly the cheque became outdated. It is also alleged that the petitioners entered into the house of the complainant and outrage her modesty.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioners are ready to deposit Rs.79,000/- in the Nazarat of the learned court below, which amount shall be subject to final outcome of the present case.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.33915 of 2022(4) dt.21-11-2022 3/3 Sub-Judge-VII-cum-A.C.J.M.-VI, Begusarai in connection with Complaint Case No.1206C/2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioners are directed to deposit Rs.79,000/- (rupees seventy nine thousand) in the Nazarat of the concerned court and the amount deposited by the petitioners shall be subject to final outcome of the present case.

(Anjani Kumar Sharan, J) Sanjay/-

U          T