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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78790 of 2019
Arising Out of PS. Case No.-75 Year-2018 Thana- COMPLAINT CASE District- Jamui
1. Sadhu Yadav (Male), aged about 55 years, Son of Late Sukhdeo Yadav
2. Chuniya Devi (Female), aged about 40 years, W/o Sadhu Yadav
Both are resident of Village – Baliyadih, P.S.- Jhajha, Distt.- Jamui.
… … Petitioner/s
Versus
1. The State of Bihar
2. Fuliya Devi, W/o Sadhu Yadav, aged about 40 years, Resident of Village –
Baliyadih, P.S.- Jhajha, Distt.- Jamui.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the State : Mr. Mritunjay Kumar Nirala, APP
For the Informant : Mr. Shiv Nandan Prasad, AdvocateCORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-03-2021Heard Mr. Rajesh Kumar Sinha, learned counsel for
the petitioners; Mr. Mritunjay Kumar Nirala, learned Additional
Public Prosecutor (hereinafter referred to as the ‘APP’) for the
State and Mr. Shiv Nandan Prasad, learned counsel for the
opposite party no. 2.
2. The petitioners apprehend arrest in connection with
Complaint Case No. 75C of 2018 dated 19.01.2018, instituted
3. Pursuant to the earlier orders, fifth supplementary
affidavit has been filed on behalf of the petitioner in which it
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has been stated that the exercise of transfer of land in favour of
the sons of opposite party no. 2 has been completed and
registered deed dated 06.02.2021 is with the petitioners. It was
submitted that compromise has been worked out between the
parties and, thus, on the next date, the parties shall appear before
the Court below where the opposite party no. 2 shall file her
written compromise/consent with regard to the case being
disposed off as the grievance has been redressed and the
petitioners shall hand over the original registered transfer deed
to the opposite party no. 2.
4. The Court shall record such fact and thereafter pass
appropriate orders on the basis of the stand taken by the
opposite party no. 2 with regard to her having compromised the
matter and having no grievance against the accused, including
the petitioners.
5. In the meantime, in the event of arrest or surrender
before the Court below, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
each with two sureties of the like amount each to the satisfaction
of the learned SDJM, Jamui in Complaint Case No. 75C of
2018, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 and further that one of
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the bailors shall be a close relative of the petitioners.
6. It shall also be open for the opposite party no. 2 to
bring any violation of the foregoing conditions of bail by the
petitioners, to the notice of the Court concerned, which shall
take immediate action on the same after giving opportunity of
hearing to the petitioners.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T