Niman Agasta Ekka vs State of Jharkhand

Heard Mr. R.R. Tiwary, learned counsel for the petitioner and Mr. A.K. Dey, learned A.P.P. for the State.

Defects as pointed out by the office are ignored. The petitioner has prayed for grant of anticipatory bail, as she is apprehending her arrest in

connection with Lower Bazar P.S. Case No. 182/2018, corresponding to G.R. Case No. 2950/2018.

It has been alleged that the petitioner along with one Mani Lal Sahu had conspired and got her land transferred in the name of the petitioner but the

consideration amount of Rs. 26,42,000/- has not been paid to the informant.

Mr. R.R. Tiwary, learned counsel for the petitioner submits that Mani Lal Sahu is a broker and it was through him the transaction of the land was

done. Learned counsel further submits that the informant had filed an application u/s 49 of the C.N.T. Act before the learned LRDC, Ranchi for

obtaining permission to sell the land in favour of the petitioner and after such permission was granted and the consideration amount having been paid to

the informant she had executed the sale deed. Learned counsel submits that even if the allegations as alleged are taken to be true the same would not

invite any criminal consequences.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail made by the petitioner.

It appears that the necessary provisions have been followed with respect to sale of the land in question to the petitioner. The informant disputes that

the consideration amount had not been paid by the petitioner whereas the petitioner states that after payment of the entire consideration amount the

sale deed was registered.

In view of the aforesaid facts, therefore, the petitioner deserves to be granted anticipatory bail. Accordingly, the petitioner, named above, is directed to

surrender before the learned trial court within a period of four weeks and on such surrender, she shall be released on bail on furnishing bail bond of

Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in

connection with Lower Bazar P.S. Case No. 182/2018, corresponding to G.R. Case No. 2950/2018, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.