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Judgment
Heard Mr. Alok Lal, learned counsel for the petitioners and Md. Hatim, learned A.P.P. for the State. None appears on behalf of the opposite party
no. 2 in spite of valid service of notice.
The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Chutia P.S. Case No. 135 of 2019,
arising out of Complaint Case No. 187 of 2019.
It has been alleged that the accused persons on the basis of false genealogical table of Jhari Oraon had entered into an agreement for sale of land and
had taken money from various persons. When the informant had restrained the accused persons not to indulge in such activity he was subjected to
threats.
Submission has been advanced by the learned counsel for the petitioners that there is a land dispute going on between the parties which has resulted in
institution of two suits being Original (Partition) Suit No. 01 of 2017 and Original (Title) Suit No. 202 of 2017. It has been stated that the petitioners
had two cases pending against them and in both of the said cases the petitioners have already been acquitted. Learned counsel, therefore, submits that
only in order to pressurize the petitioners to withdraw the suits the present First Information Report has been instituted.
Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.
The dispute primarily appears to be with respect to sale of land to various persons by the petitioners and it has been claimed by the informant that such
sale of land was without a valid sanctity of law as the petitioners did not have any right title and ownership over the lands in question. However, it
appears that with respect to the same piece of land two suits have been instituted in which the informant is the adversary to the petitioners.
Thus it appears that primarily on account of the land dispute existing between the parties and for which resort was taken to filing of suits much prior to
institution of the First Information Report, I am inclined to extend the privilege of anticipatory bail to the petitioners. The petitioners accordingly are
directed to surrender before the learned court below within a period of four weeks and on their surrender, they shall be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial
Magistrate, Ranchi in connection with Chutia P.S. Case No. 135 of 2019, arising out of Complaint Case No. 187 of 2019, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.