Sibani Dubey @ Shivani Dubey & Ors vs State Of Jharkhand & Anr on 14 November, 2011

     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                   A.B.A. No. 2469 of 2011

                                 ----
     1.Sibani Dubey @ Shivani Dubey
     2.Devendra Kumar Dubey
     3.Tulsi Pd. Dubey .....................      .....Petitioners
                        ---Versus---
     The State of Jharkhand & Anr. ....................Opp. Parties
                                 ----
     CORAM        : HON'BLE MRS.JUSTICE JAYA ROY

     For the Petitioners           : Mr. Kailash Prasad Deo, Advocate
     For the State                 : Mr. J. Mahto, A.P.P.
     For the O.P.No.2              : Mr. S.P.Roy, Advocate
                                 ----

03/ 14.11.2011

Heard the counsel for the petitioner and the

counsel for the State.

The counsel for the petitioner has submitted

that there is not a single chit of paper to show that the

complainant has given such a huge amount to the

petitioner for selling the land in question. It is also

submitted that even the agreement, which has been

produced in this case, is not signed by the present

petitioners and the sign made on the said agreement is

not a genuine signature.

The counsel for the complainant has submitted

that the complainant has given a huge amount i.e.

Rs.2,62,000/- within a period of two years on the

assurance given by the petitioner No.1 that she will

register the land in question in the name of the

complainant.

Considering the facts and circumstances of the

case, I direct all the petitioners to deposit a sum of

Rs.50,000/- in total in the trial court within a period of four

weeks from the date of this order and surrender within the
said period. If they so deposit the said amount and

surrender within the said period, the trial court is directed

to release the petitioners namely Sibani Dubey @

Shivani Dubey, Devendra Kumar Dubey and Tulsi Pd.

Dubey on bail on furnishing bail bonds of Rs.10,000/-

each with two sureties of the like amount each, to the

satisfaction of the learned Judicial Magistrate, Deoghar,

in connection with P.C.R. Case No.512 of 2007

(T.R.No.687 of 2010), subject to the conditions that one

of the bailors will be their close relative and another will

be of local resident having immovable property within the

jurisdiction of the trial court concerned and also subject to

the conditions laid down under Section 438 (2) Cr.P.C.

However, the trial court is directed to make a

long term fixed deposit of the aforesaid amount in the

name of the petitioner No.1 namely Sibani Dubey @

Shivani Dubey, which will be released subject to the

result of the case after conclusion of the trial. However,

the trial court will not be prejudiced in the trial for the

deposit of the aforesaid amount by the petitioners.

(Jaya Roy, J.)

SI/