Ramlal Goswami vs The State Of Bihar
2021 Latest Caselaw 3946 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No. 22918 of 2021
    Arising Out of PS. Case No.-127 Year-2020 Thana- DUMRAON District- Buxar
   ======================================================

1. Ramlal Goswami, aged about 44 years, Male, S/o Late Gauri Shankar Goswami

2. Dharmshila Devi @ Savita Devi, aged about 35 years, wife of Ramlal Goswami.

Both resident of village- Badka Dhakaich, P.S.- Krishna Brahm, District- Buxar.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s    :      Mr. Manoj Kumar with
                                 Mr. Anil Kumar Roy, Advocates
  For the State           :      Mr. Ram Sumiran Roy, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Manoj Kumar, learned counsel along

with Mr. Anil Kumar Roy, learned counsel for the petitioners

and Mr. Ram Sumiran Roy, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. Learned counsel for the petitioners submitted that

he may be permitted to add alias name of petitioner no. 2 which

is Savita Devi.

4. Prayer allowed.

5. Let necessary correction be made in the cause title Patna High Court CR. MISC. No. 22918 of 2021 dt.03-08-2021

by learned counsel for the petitioners through e-mode by day-

after-tomorrow.

6. The petitioners apprehend arrest in connection with

Dumraon PS Case No. 127 of 2020 dated 15.04.2020, instituted

under Sections 406, 420, 467, 468, 471, 448, 506/34 of the

Indian Penal Code.

7. The allegation against the petitioners is that the

informant, who is the cousin brother of petitioner no. 1, had

bought land through the petitioner no. 1, but he was cheated,

both with regard to the rates as also that the same piece of land

being sold by the petitioners to two different persons.

8. Learned counsel for the petitioners submitted that in

the FIR itself it has been stated that the informant had sold his

land at a much higher price than the price he was paying for the

land which he alleges to have been negotiated by the petitioner

no. 1 for him. Further, it was submitted that all such dispute

relating to money is a purely civil in nature for which criminal

case is an abuse of the process of the Court. Learned counsel

submitted that the informant, being the first cousin of the

petitioner no. 1 and having sold his land, was very well aware of

the ground realities and cannot take a stand that he was ignorant

of what was the actual position. Further, it was submitted that Patna High Court CR. MISC. No. 22918 of 2021 dt.03-08-2021

the petitioners have filed a supplementary affidavit in which a

categorical stand has been taken on oath that the petitioners

have not sold the same piece of land to two different persons.

Learned counsel submitted that the petitioners are simple

citizens being husband and wife and have no other criminal

antecedent. It was submitted that had the allegation been correct,

the other person aggrieved would also have filed a case and

most importantly, neither any name of any person has been

taken nor details of any document that the same piece of land

was transferred to two persons, has been either mentioned or

brought on record.

9. Learned APP submitted that the petitioners are

alleged to have cheated the informant and have got the same

piece of land registered in favour of two persons.

10. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, 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 Chief Judicial Magistrate, Buxar in Dumrao PS

Case No. 127 of 2020, subject to the conditions laid down in Patna High Court CR. MISC. No. 22918 of 2021 dt.03-08-2021

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioners, and (ii) that the petitioners shall cooperate with the

Court and the police/prosecution. Failure to cooperate shall lead

to cancellation of their bail bonds.

11. It shall also be open for the prosecution 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.

12. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T