IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2308 of 2024 ------ 1. Md. Rafik @ Md. Rafique, age about 64 years, 2. Md. Safik, age about 60 years, 3. Md. Tahir, age about 50 years, All are sons of Md. Ismail, Resident of Village-Urwan, P.O. & P.S.-Chandwara, District-Koderma. .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Smt. Anjani Devi, Wife of Suresh Yadav, Resident of Village- Jogidih, P.O. & P.S.-Chandwara, District-Koderma. .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Manoj Kr. No.2, Advocate For the State : Mr. Gautam Rakesh, Addl.P.P. For the OP 2 : Mr. Randhir Kumar, Advocate ------ Order No.07 Dated- 04/03/2025 Heard the parties. Apprehending their arrest in connection with Complaint Case No.1490 of 2022 filed under Sections 323, 341, 420, 406, 467, 468, 471, 120B, 504, 34 of Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners sold 20 decimals of land to the complainant even though they were possessing only 9.5 decimals of land. It is submitted that the allegation against the petitioners is false. It is next submitted that in fact, the petitioners have sold 20 decimals of land to the complainant though they only had possession of 18 decimals of land and the petitioners are ready and willing to return the consideration amount for 2 decimals of excess land to the tune of Rs.2 Lakhs to the complainant or in alternative the petitioners are ready to repurchase the aforesaid land of the complainant, through registered sale deed and upon such registered sale deed been executed by the petitioners of the earlier sale deed, the petitioners will repay Rs.20,00,000/- to the complainant. It is next submitted that the dispute between the parties is basically a civil dispute and a cloak of criminal case has been given to the civil dispute. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State and the learned counsel for the opposite party no.2 oppose the prayer and submits that the opposite party no.2 is ready and willing to execute a sale deed in respect of the land which has been described in the sale deed executed by the petitioners in favor of the complainant; if the petitioners are ready and willing to pay Rs.20,00,000/- to the complainant. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Koderma in connection with Complaint Case No.1490 of 2022 with the condition that if the opposite party no.2 executes a sale deed in favor of the petitioners in respect of 20 decimals of land in respect of which the petitioners have already executed the sale deed in favor of the complainant and deposits the same in the court, the petitioners will deposit demand draft of Rs.20,00,000/- within one month of such deposit of sale deed in the concerned trial court drawn in favor of the complainant and in case, the said demand draft is deposited, the concerned trial court is directed to handover the same upon notice being issued to the complainant and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear, that if the petitioners fail to deposit the demand draft within one month of deposit of the said sale deed by the complainant/opposite party no.2, in the trial court, then, the trial court is directed to cancel the bail granted to the petitioners. (Anil Kumar Choudhary, J.) Abhiraj/