IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4044 of 2010
------
1. Nagendra Kumar Sinha
2. Manju Sinha
3. Sanjeev Kumar Sinha .. ... .... ...... ... Petitioners
Versus
The State of Jharkhand.. .... ... .... ... Opp.Party
------
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
------
For the Petitioner :Mr. R.S. Mazumdar, Sr. Advocate
Mr. Rajesh Kumar, Advocate
For the Informant :Md. Faruque Ansari
For the State Mrs. Nitu Sinha, A.P.P.
-----
3/05.01.2011
Anticipatory bail application filed by petitioners,
Nagendra Kumar Sinha, Manju Sinha and Sanjeev Kumar Sinha is moved
by Sri R.S. Mazumdar, learned senior counsel for the petitioner and
opposed by Mrs. Nitu Sinha learned Additional P.P. and Md. Faruque
Ansari, learned counsel for the informant.
It is alleged that informant had advanced Rs.1,30,000/-
(One Lakh thirty thousand) by difference cheques to the petitioners for
execution of sale deed, but petitioners have not executed sale deed,
hence present complaint has been filed. It is admitted at bar that suit for
specific performance of contract is also pending in relation to the same
dispute.
Considering the aforesaid facts and circumstance, I
allow this application and direct the petitioner, above named, to surrender
in the court below on or before 18th of January 2011. If petitioners
surrenders by that time, the learned Court below is directed to enlarge
him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Palamau at Daltonganj in connection with Sadar
Town P.S. Case No. 371 of 2010 corresponding to G.R. No. 2583 of 2010
subject to the condition laid down under Section 438 (2) of the Cr.P.C.
(Prashant Kumar, J)
Binit/