Jeevan Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3097 of 2019 Arising Out of PS. Case No.-3125 Year-2012 Thana- PURNIA COMPLAINT CASE DistrictPurnia ======================================================

1. Jeevan Jha, Son of Kamalkant Jha

2. Udyanand Jha, Son of Late Purushottam Jha, Both Resident of Village - Sukhsena, P.S.-Barhara Kothi, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 467, 468, 506 and 120B of the IPC.

The prosecution case, as per the complaint petition, is to the effect that the land of the complainant, appertaining to Plot No. 4915, situated in Mauza Sukhsena was transferred by a registered sale deed by co-accused, Most. Chandra Kala Devi in

Patna High Court Cr.Misc. No.3097 of 2019(2) dt.05-02-2019 2/3 favour of co-accused Biranchi Mandal and others. The petitioners were the witnesses to the sale deed. The complainant also claims that she sold 8 decimals, 200 kari of land in favour of Akhilesh Biswas and Rambha Devi on 27.06.2012. It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused Chandrakala Devi who executed the sale deed and co-accused Biranchi Mandal, in whose favour the land has been transferred. It is further submitted that the petitioners are not the beneficiaries and they are only the witnesses to the sale deed.

Learned APP submits that the petitioners are the witnesses to the fraudulent sale deed.

Considering the thrust of accusation against coaccused persons, who executed the sale deed and in whose favour, the sale deed was executed and the nature of accusation arising out of civil dispute, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-2, Purnea in connection with Complaint Case No. 3125 of 2012, subject to the condition as

Patna High Court Cr.Misc. No.3097 of 2019(2) dt.05-02-2019 3/3 laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T