Anticipatory bail may be granted when allegations suggest a civil dispute rather than a clear criminal action, subject to conditions for cooperation and non-harassment.

ORDER :

I.A. No. 13376 of 2024

1. Heard the parties.

2. Learned counsel for the petitioner submits that this interlocutory application has been filed for not pressing the prayer for anticipatory bail on behalf of the petitioner Nos.1 and 2 namely Binod Gope and Deepak Gope @Dipak Gope as they have been arrested.

3. Prayer is allowed.

4. Accordingly, this interlocutory application stands dismissed as withdrawn in respect of the petitioner Nos.1 and 2 namely Binod Gope and Deepak Gope @ Dipak Gope.

5. This interlocutory application stands allowed accordingly.

A.B.A. No. 7351 of 2024

6. Heard the parties.

7. Apprehending his arrest in connection with Patratu (Barkakana) P.S. Case No.166 of 2024 instituted under Sections 406 , 420, 467, 468, 471, 504, 506/34 of the INDIAN PENAL CODE , the petitioner No.3 namely Upendra Gope has moved this Court for grant of privileges of anticipatory bail.

8. Learned counsel appearing for the petitioner submits that the allegation against the petitioner No.3 namely Upendra Gope is that the petitioner No.3 namely Upendra Gope was involved in sale and purchase of land and entered into an agreement with the petitioner and took Rs.8,52,000/- in total but they are not selling the land. It is next submitted that the allegation against the petitioner no.3 is false. It is next submitted that although Rs.6,07,000/- claimed to be paid by the informant in the bank account of Binod Gope and there is no specific entrustment of any money. It is next submitted that the dispute between the parties is at best a civil dispute. It is further submitted that the petitioner no.3 undertakes that he will not annoy or disturb the informant or any of family members in any manner during the pendency of the case. It is lastly submitted that the petitioner No.3 namely Upendra Gope undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner No.3 namely Upendra Gope be given the privileges of anticipatory bail.

9. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner No.3 namely Upendra Gope.

10. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner No.3 namely Upendra Gope. Accordingly, the petitioner No.3 namely Upendra Gope is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Ramgarh, in connection with Patratu (Barkakana) P.S. Case No.166 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.