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Dinesh Prasad Singh @ Dinesh Kumar Singh vs The State of Jharkhand

Jharkhand High Court · Decided on 19 July 2011 · Citation: (2011) 07 JH CK 0224

HON’BLE JUDGES
Pradeep Kumar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2) · Penal Code, 1860 (IPC) — Section 406, 420
CASE NUMBER
A.B.A. No. 1276 of 2011
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Judgment

5 paragraphs · 359 words

Pradeep Kumar, J.—Heard learned Counsel for the Petitioner and learned A.P.P. for the State.

2.

The Petitioner, who is an accused for offence under Sections 406 and 420 of the Indian Penal Code, prays for anticipatory bail, apprehending his arrest in connection with Bariyatu P.S. Case No. 392 of 2010, corresponding to G.R. No. 5361 of 2010.

3.

It is submitted by the learned Counsel for the Petitioner that a sum of Rs. 2,30,000/for the sale of the lands were taken by main accused, Mukesh Kumar on 25.2.2009 in cash and on 20.3.2009 by cheque and rest amount of Rs. 28,400/was taken by Vidya Sagar Singh, for which he gave a separate receipt and in spite of that Mukesh Kumar and Vidya Sagar Singh failed to execute the sale deed and thereby committed offence, but as far as this Petitioner is concerned there is No. receipt granted by him and the Petitioner who is step brother of the Mukesh Singh, has falsely been implicated, hence Petitioner prays for anticipatory bail.

4.

Learned Counsel for the State has opposed the prayer for anticipatory bail and submits that in para 26 of the case diary witness has stated that Rs. 1 lakh was given in his presence.

5.

In the facts and circumstance of the case, since No. receipt was granted by this Petitioner as per this F.I.R, hence, the abovenamed Petitioner is directed to surrender before the court below within two weeks from today, and in the event of his surrender, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ranchi in connection with Bariyatu P.S. Case No. 392 of 2010, corresponding to G.R. Case No. 5361 of 2010, subject to the conditions as laid down u/s 438(2) Code of Criminal Procedure and further conditions that (i) one of the bailors would be local resident having property within the jurisdiction of the Court concerned (ii) the Petitioner will present before the Court below once in every month on the date fixed, otherwise his bail bond shall stand cancelled.