Parma Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14512 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== 1.
PARMA MAHTO S/O LATE RAM ASHRAY MAHTO Resident of Village- Mura, P.S.- Basantpur, District- Siwan.
2.
PREMNATH SINGH S/O LATE HARIHAR SINGH Resident of Village- Mura, P.S.- Basantpur, District- Siwan.
3.
JAGDISH SINGH S/O LATE DEONANDAN SINGH Resident of Village- Mura, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Rajendra Singh Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Anticipatory bail petition of petitioner No.2 has already been dismissed as withdrawn vide order dated 19/05/2023.
2. Heard learned counsel for the parties.
3. Petitioners No. 1 & 3 apprehend their arrest in a case registered for the offence punishable under Section 341, 323, 406, 420, 504/34 of the Indian Penal Code.
4. As per the prosecution case, these petitioners after taking consideration money sold a piece of land to the informant which does not belong to these petitioners.
5. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that petitioner No.1 executed the sale deed for the land in question in which
Patna High Court CR. MISC. No.14512 of 2023(6) dt.19-09-2023 2/2 everything is correct but due to mistake of deed writer Khata No.23 has been mentioned in place of Khata No. 217. It is next submitted that petitioners are ready to execute a rectification/ correction deed in respect of sale deed giving the correct Khata No. and the plot which belong to them. Petitioners have got clean antecedent.
6. Learned counsel appearing for the informant opposes the prayer for anticipatory bail and submits that in spite of repeated requests petitioners did not turn up for execution of correction/ rectification deed.
7. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners No. 1 & 3, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Basantpur PS case No. 363/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T