Yashoda Devi vs State Of Jharkhand

Ananda Sen, J

These are the applications filed by the petitioners praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioners have been allegedly implicated in a criminal case registered under Section(s) 420, 467, 468, 471/34 and 120B IPC.

Heard the parties at length and had gone through the documents, annexed along with this application.

Opportunity was given to the State as well as the informant to oppose the bail, which they availed and vehemently opposed.

There is allegation that the petitioners of ABA No. 5996 of 2024 had entered into an agreement to sell the land to the informant and had taken some money. Thereafter the deed was not registered. Thereafter the land was sold to the third party. On this basis, the criminal proceeding has been initiated against the petitioners.

The petitioner of A.B.A. No. 6569 of 2024 is the purchaser to whom the land was sold by the petitioner of ABA No. 5996 of 2024. The sale deed is registered in her favour and there is nothing to suggest that she was involved in the earlier transaction. Merely the case has been registered against her because she has purchased the land after there was an agreement between the seller and the informant also. Thus, I am of the opinion that no offence is made out against this petitioner also.

During course of arguments, the parties have submitted that they have resolved the dispute and the money has been returned.

Considering the aforesaid facts, I am inclined to allow these anticipatory bail applications. Accordingly, all the petitioners, above named, are directed to surrender before the court below within four weeks from today and in the event of their surrender/arrest, the court below is directed to enlarge them on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Giridih, in connection with Giridih(M) P.S. Case No. 411 of 2023, subject to condition that one of the bailers should be close relative of the petitioners and other should be resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property.