Dhaneshwar Verma And Ors vs State Of Jharkhand

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jamua (Nawdiha O.P.)

P.S. Case No.130 of 2019 registered under sections 323/379/420/467/468/427/506/120B/34 of the Indian Penal Code.

Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 has purchased the land belonging to

the informant though there has not been any partition of the property of the informant. It is further submitted that the allegation against the petitioners

are all false and the dispute between the parties is basically a civil dispute. It is next submitted that the petitioners are ready and willing to jointly pay

the consideration amount of the sale deed (s) executed by the petitioner no.1, to the informant, without prejudice to their defence in this case and

undertake to cooperate with the investigation of the case and also undertake that they will not interfere with the possession of the informant over the

land in respect of which sale deed (s) has been executed by the petitioner no.1 unless and until any order is passed in their favour by any competent

court of law.

Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners

be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of eight weeks from the date of this order,

they shall be released on bail on jointly depositing a demand draft for entire consideration amount of all the sale deed(s) executed by the petitioner no.1

in respect of the property claimed by the informant drawn in favour of the informant and 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 learned J.M., Giridih, in connection with Jamua (Nawdiha O.P.) P.S.

Case No.130 of 2019 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating

Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking

that they will not change their mobile numbers during the pendency of the case and also undertake that they will not interfere with the possession of

the informant over the land in respect of which sale deed (s) has been executed unless and until any order is passed in their favour by any competent

court of law subject to the conditions laid down under section 438 (2) Cr. P.C.

It is made clear that since the sale deed (s) executed by the petitioner no.1 has not been produced before this Court, the trial court is directed before

accepting the bail bond to verify from the copy of the sale deed(s) as to what was the consideration amount of the sale deed(s) executed by the

petitioner no.1 and must ensure that the petitioners jointly deposit the demand draft in respect of entire consideration amount drawn in favour of the

informant.

In case, the petitioners deposit the demand draft for the entire consideration amount, the court below is directed to issue notice to the informant and

hand over the said demand draft to him, after proper identification.