IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28858 of 2011
1. Kasturi Rang Ojha
2. Adya Nand Ojha
Both sons of Late Ram Prasad Ojha, resident of village -
Dehura, P.S. - Asaon, District - Siwan.
--------- Petitioners.
Versus
The State of Bihar ---Opposite Party
*****
02. 21.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
The petitioners, apprehending their arrest in
connection with Raghunathpur P.S. Case No. 09/2011, for
the offences under Sections 418/420/423/424 /426/465/468
of the Indian Penal Code, pending in the court of Chief
Judicial Magistrate, Siwan.
Petitioners are named accused in this case
instituted on the basis of complaint case no. 3031/2010 with
allegation of executing a sale deed for substantial
consideration in favour of the complainant, a lady, who
subsequently got information that the petitioner defrauded by
stating that her mother got the land through deed of gift, but,
there is nothing of the kind.
Submission is that in fact petitioner was
cheating they had in fact gone to execute a
deed of entrustment for limited
period in favour of husband of the complainant but, in place
thereof sale deed has been executed for that recently (about
four years). The suit has been filed by the petitioners.
Considering the facts and circumstances of the
case, they appear not entitled for the privilege sought.
Accordingly, prayer for anticipatory bail of the
petitioner is hereby rejected.
As prayed, petitioners may surrender before the
court below within fortnight and seek regular bail, their
prayer may be considered on its own merit without being
prejudice of instant refusal.
( Akhilesh Chandra, J.)
Rajeev/-