Dhaneshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30306 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Dhaneshwar Ram Son of late Lakho Ram resident of village Ghogi Bariarpur,p.s Piri, Bazar, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Vinay Pd. Sinha @ Sanjay Adv. For the State : Mr. Shailendra Kumar Singh (App) For the informant : Mr. Mukesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant.

The accusation against the petitioner is that he got opened a joint account along with the informant and withdrew compensation amount, which had been credited in the aforesaid joint account due to acquisition of some lands of the informant. The contention on behalf of the petitioner is that the informant happens to be cousin Bhabhi of the petitioner and as a matter of fact, she had only four daughters and, therefore, she started residing with the petitioner and agreed to transfer her entire property for which, she took huge amount from the petitioner but in the meantime, some properties of the informant were acquired

Patna High Court Cr.Misc. No.30306 of 2015 (4) dt.02-11-2015 and that was the reason, a joint account was opened in the bank so that, the informant as well as the petitioner could receive the compensation amount jointly. Moreover, after withdrawal of the amount, the informant had executed registered sale deed in favour of the petitioner in respect of the lands, in question as well as some other lands.

On the other hand, learned counsel, appearing for the informant, vehemently, opposed the prayer submitting that petitioner by playing fraud upon the informant, not only got withdrawn the compensation amount but also got executed forged sale deed.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Piri Bazar P.S. Case No. 03 of 2015 to the satisfaction of Chief Judicial Magistrate, Lakhisarai. (Hemant Kumar Srivastava, J) A.K.V./- U T