Harendra Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5177 of 2019 Arising Out of PS. Case No.-476 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ======================================================

1. HARENDRA SAH aged about 45 years(male), son of Late Manager Sah

2. Krishna Sah aged about 50 years(male), son of Sri Ayodhya Sah, Both Resident of Village- Bara Bariyarpur, Police Station-Chhatauni, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

The petitioners apprehend their arrest in Motihari Town P.S. Case No.476 of 2018 registered under Sections 406, 420, 120B and 34 of the Indian Penal Code.

The informant alleged that he executed a sale deed with regard to 5 kathas land of Khata No.289, Khesra No.2744 out of total area of 14 kathas land in favour of Amir Khan but Amir Khan and the petitioners in collusion with each other fraudulently got a deed of Mahadanama executed with regard to remaining part of the land without any consideration. The learned counsel for the petitioners submits that the petitioners are witnesses of the sale deed and deed of Mahadanama. They have no manner of concern with the

Patna High Court Cr.Misc. No.5177 of 2019(2) dt.30-01-2019 2/2 execution of deed of Mahadanama and the petitioners are not the beneficiaries of the deed. Amir Khan got the deed of Mahadanama executed with regard to remaining land from the informant after paying the amount. If the informant is aggrieved by the execution of Mahadanama, she has got remedy in civil suit.

Considering the aforesaid facts and nature of allegation made against the petitioners and the fact that the petitioners, being the witnesses of deed of Mahadanama, are not the beneficiaries, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No.476 of 2018, G.R. Case No.4863 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T