Satendra Kumar @ Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3433 of 2016 Arising Out of PS.Case No. -255 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Satendra Kumar @ Rajiv Ranjan son of Late Chandeshwar Prasad, R/o Mohalla- Gabhtal, Danapur, P.S.- Danapur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner happens to be own uncle of the informant and it would appear from perusal of the first information report that petitioner and other accused got decree of partition by placing forged compromise petition before the court but the aforesaid decree was, subsequently, set aside and the aforesaid order was confirmed up to Apex Court and, thereafter, the informant filed Complaint case which was sent to police station and accordingly, the present case was registered.

Patna High Court Cr.Misc. No.3433 of 2016 (2) dt.03-02-2016 2/2 Learned counsel for the petitioner submits that there was land dispute between the parties and both parties filed cases against each other and, moreover, the aforesaid forged compromise petition was produced in the year 1987, whereas the present case was lodged in the year 2015 and moreover, prior to filing of the present case, the similar nature of case, was filed by the informant against the petitioner and others but this Court stayed the further proceeding of the said case. Learned counsel for the informant vehementaly opposed the prayer arguing that when the Apex Court confirmed this finding that petitioner and his associates got decree of the court by playing fraud upon the court, the informant lodged this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, in connection with Danapur P.S.Case No. 255 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T