IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72901 of 2019

Arising Out of PS. Case No.-133 Year-2019 Thana- BIHPUR District- Bhagalpur

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1.

BINDESHWARI SAH, Son of Late Jamuna Sah.

2.

Pappu Sah, Son of Bindeshwari Sah.

Both Residents of Village - Jhandapur, P.S.-Bihpur (Jhandapur),

District-Bhagalpur.

... ... Petitioners

Versus

1. The State of Bihar,

2. Mithilesh Kumar, aged about 22 years, Male, son of late Vijay Sah, resident

of village- Jhandapur, P.S.- Bihpur, District- Bhagalpur.

... ... Opposite Party

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Appearance :

For the Petitioners

:

Mr. Rajesh Kumar Pandey

For the Opposite Party

:

Mr. Ram Bilash Roy Raman

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

7

22-12-2021

Heard learned counsel for the parties.

This application for anticipatory bail arises out of

Bihpur (Jhandapur) P.S. Case No. 133 of 2019 registered for the

offence punishable under Sections 147, 323, 342, 379, 420, 120-

B, 406, 467, 471, 504 and 506/34 of the Indian Penal Code.

The petitioners are father and son. Allegation has

been made that petitioner no.1 has cheated the informant by

getting a sale deed executed surreptitiously by late Jamuna Sah

thereby, denying the informant’s share in the land.

When this fact came to the knowledge of the

informant he went and demanded his share, which was refused

by petitioner no.1 and petitioner no.2 misbehaved with him.

On 18.12.2019, a coordinate Bench of this Court

Patna High Court CR. MISC. No.72901 of 2019(7) dt.22-12-2021

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had passed the following order:-

“Petitioners are directed to array the informant as

opposite party no.2 during the course of the day.

Issue notice to newly added opposite party no.2 by

ordinary as well as speed post for which requisites

etc. must be filed one week after winter vacation.

Rule is made returnable within four weeks.

List this case on 11.02.2020 under the appropriate

heading.

It is submitted by learned counsel for the

petitioners that the petitioners are ready to return

the property of the informant, hence, no coercive

step shall be taken against the petitioners in

connection with Bihpur (Jhandapur) Case No.133

of 2019 pending before the learned A.C.J.M.-Ist,

Naugachia, Bhagalpur.”

Thereafter, the petitioners have not acted as per

their own undertaking given before this Court on 18.12.2019

and they are not ready to return the property to the informant.

It seems that the petitioners had given undertaking

in the order dated 18.12.2019 only with an intention to get the

interim protection from this Court. The Court cannot be taken

for a ride by such kind of litigants and strict view should be

taken in such type of cases. Though the case was adjourned on a

number of occasions to comply with the undertaking given by

the petitioners but they have not complied their own

undertaking.

Patna High Court CR. MISC. No.72901 of 2019(7) dt.22-12-2021

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In that view of the matter, this anticipatory bail

application filed on behalf of the petitioners is dismissed with a

cost of Rs.5000/-.

The petitioners are directed to surrender in the

court below within four weeks from today.

pawan/-

(Sandeep Kumar, J)

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