Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10546 of 2015 Arising Out of PS.Case No. -684 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Prabhakar Kumar Son of Late Awadh Bihari Singh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-03-2015 At the very outset, it is informed that the informant died and, therefore, a prayer is sought on behalf of one of the sons of the informant to pursue the matter. Power is filed on behalf of Sri Jyoti Nath, the son of informant.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing for Jyoti Nath, who happens to be son of informant.

Admittedly, petitioner is, too, the son of informant and the accusation against him is that he took

thumb impression of the informant on pretext of preparing some documents and after that he got executed sale deeds in respect of a land using the above stated documents. Learned counsel for the petitioner submits that as a matter of fact, the informant was residing with the petitioner but later on, she went to the house of above stated Jyoti Nath and, thereafter, the aforesaid Jyoti Nath taking advantage of old age of the informant pressurized her to lodge this false case due to land dispute. It is further contended by him that above stated Jyoti Nath filed Title Suit No. 1145 of 2014 for cancellation of sale deeds and the said title suit is still pending.

On the other hand, learned counsel appearing for above stated Jyoti Nath vehemently opposed the prayer arguing that in course of hearing of A.B.P. No. 2149 of 2014, the informant appeared before the learned Sessions Judge and denied the execution of sale deeds. Petitioner is in jail custody since 31.01.2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 684 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T