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Patna High Court – Orders
Sheikh Manirul Haque @ Sk. Manirul Haque vs The State Of Bihar on 17 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75317 of 2024
Arising Out of PS. Case No.-2627 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
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1. Sheikh Manirul Haque @ Sk. Manirul Haque S/O Late Wasir Alam R/O
Beldari, P.S- Bettiah Muffasil, Distt.- West Champaran.
2. Md. Khuram S/O Sheikh Manirul Haque R/O Village- Beldari, P.S- Bettiah
Muffasil, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hitesh Kumar S/O Ramayan Prasad R/O Village- Machhargawa, P.S-
Yogapatti, Distt.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the State : Mr.Vinod Shanker Modi, APP
For the O.P. No.2 : Mr. Sanjeev Kumar, Advocate
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-04-2025
Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the opposite party no.2-
complainant.
2. The petitioners apprehend their arrest in connection
with Trial No.3378 of 2024 arising out of Complaint Case
No.2627 of 2023 registered for the offences punishable under
Sections 406, 420, 467, 468, 471 and 384/34 of the Indian Penal
Code. However, cognizance in the case has been taken only
under Sections 420, 406, 467 and 468 of the Indian Penal Code.
Patna High Court CR. MISC. No.75317 of 2024(3) dt.17-04-2025
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3. The allegation made in the complaint is that on
account of an agreement to purchase the land arrived at between
the complainant and the petitioner no.1, the total price of which
was fixed as Rs. 2,91,81,400/-, the complainant advanced a total
of Rs.1,99,39,00/- by cash and through bank transfer for
registering the land but the same was not done by the petitioner
no.1 and the other accused persons.
4. Learned counsel for the petitioners submits that the
allegations made in the FIR are totally false and the agreement,
which has been annexed as Annexure-3 to the present
application, would indicate that the relevant entries with regard
to advance is missing in the said agreement and subsequently on
the strength of another agreement, which has been annexed in
the counter affidavit as Annexure-R/1, the manipulations have
been made and the petitioners have been made accused in the
present case.
5. Learned counsel for the petitioners further submits
that the complainant is a government teacher and, hence her
claim of paying an amount to the tune of Rs.1,20,00,000/- by
cash which has been admitted specifically in the solemn
affirmation of the complainant seems to be totally not believable
and is also not supported by any evidence. It has been further
Patna High Court CR. MISC. No.75317 of 2024(3) dt.17-04-2025
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submitted that so far as the amount which has been alleged to be
transferred in the bank account, it is stated that the complaint
itself indicates that the transactions have been made in the
account of Sufia, who happens to be the wife of petitioner no.2.
However, it has been submitted, at this stage, that Sufia has not
been made an accused and petitioner no.2 is having bitter
relations with said Sufia and Sufia’s brother is rather a friend of
the present complainant.
6. It has also been submitted by the learned counsel
for the petitioners that the complainant is basically a land broker
who has trapped the petitioner no.1 who is an old aged person
and the matter completely arises out of a civil dispute for which
a competent court of civil jurisdiction should have been
approached. In the case of Bimla Tiwary Vs. State of Bihar in
SLP (Crl.) 834-835/2023, the practice of twisting the arms in
order to realize money by lodging criminal cases has been
deprecated.
7. The application has been opposed by learned APP
for the State and learned counsel for the complainant-opposite
party no.2.
8. Learned counsel for the complainant-opposite party
no.2 draws the attention of this Court to the counter affidavit
Patna High Court CR. MISC. No.75317 of 2024(3) dt.17-04-2025
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filed on behalf of the opposite party no.2 whereby he has
brought on record the agreement by way of Annexure-R/1
which he states to be the genuine agreement bearing the
signature of all the parties. It has also been stated in the counter
affidavit that the opposite party no.2 despite being a school
teacher has secured loan of Rs.9,96,000/- and Rs.17,14,281/-
from his department for making payment to the petitioners’ side.
9. Considering the rival contentions of the parties, it
would appear that the opposite party no.2 has taken a loan of
only few lacs from his department being a school teacher
whereas the payment in cash is said to be to the tune of Rs.
1,20,00,000/- which cannot be explained in the present facts of
the case. It has also been considered by this Court that the bank
transactions have been made in the account of one Sufia which
has not been made an accused in the present case and the
petitioner no.2 has been made an accused on account of the fact
that he is the husband of Sufia.
10. Taking into consideration all the these facts and
circumstances and also considering the fact that the matter
arises out of a civil dispute with regard to the transactions of
money and also taking into consideration that the petitioner no.1
is a senior citizen of more than 70 years of age and there is no
Patna High Court CR. MISC. No.75317 of 2024(3) dt.17-04-2025
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direct allegation against the petitioner no.2, I am inclined to
extend the privilege of anticipatory bail to the petitioners. Let
the petitioners above named be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of Sri Manish Chandra,
learned J.M.-1st Class, Bettiah, West Champaran in connection
with Trial No.3378 of 2024 arising out of Complaint Case
No.2627 of 2023, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C. and subject to the further condition
that the petitioners shall cooperate in the investigation/trial.
(Soni Shrivastava, J)
arvind/-
U T
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