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Patna High CourtCR. MISC./8257/2020bail granted

Kishori Singh v. The State Of Bihar

2020-02-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8257 of 2020 Arising Out of PS. Case No.-1620 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Kishori Singh Son of Khelawan Singh 2.

Tuntun Singh @ Raj Kumar Singh Son of Kishori Singh Both resident of Village - Dubhal, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baban Kumar Singh Son of Tribhuwan Singh Resident of Village - Bhandaul, P.S. - Chakand, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lilawati Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Complaint Case no. 1620/2018 in which cognizance has been taken under sections 467, 468, 471, 406 and 420 of the IPC. Complaint alleges that the land which has been sold to the complainant by co-accused Dharmendra Kumar and Sangita Kumari had earlier been sold by their father and mother. Petitioners' role attributed in the complaint is only to the extent that prior to deal being done, petitioners had been consulted regarding the land. They are neither executant of the deed in

Patna High Court CR. MISC. No.8257 of 2020(2) dt.28-02-2020 2/2 question nor allegation is that they are owners of the land or have received any money in transaction.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IV, Gaya in Complaint Case no. 1620/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T