Bipin Kumar Sinha (Deed Writer) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8856 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Bipin Kumar Sinha, (Deed Writer) S/o Late Sachitanand Prasad villageMadan Bigha, P.S-Chandauti, Distt.-Gaya, Presently residing at MohallaDurga Sthan Samir Takiya, P.S-Rampur, Distt.-Gaya. ... ... Petitioner
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Deo Singh, Advocate Mr.Sudhir Kumar Sinha, Advocate For the informant :
Mr. Sanjeev Ranjan, Advocate, For the Opposite Party/s :
Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Civil Lines P.S. Case no. 06 of 2019, registered under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.
The accusation is that informant, namely, Ashok Kumar Mishra used to reside at Lucknow, after death of his father, the ancestral land situated in district-Gaya mutated in his name and in name of his three brothers and one sister. Before 6 to 7 months, Raushan Raj and Ramesh Kumar approached him for land situated in village-Churi and,
Patna High Court CR. MISC. No.8856 of 2019(3) dt.07-05-2019 2/3 accordingly, agreement to sale deed was prepared at the rate of Rs. 4,50,000/- per katha. In the meantime, Rahul Kumar, Amit Kumar and petitioner Bipin Kumar, which is deed writer, met to him in Gaya and asked to purchase the land then he replied that he had already executed the agreement regarding his land then they told that 8 Acres 63 decimal is also in the name of his father in village-Gohti, then he asked to some time for verification. Thereafter, Khatihan of the aforesaid land was sent him on Whats App. Thereafter, aforesaid persons approached him on several occasions. Out of consideration amount of Rs. 29,00,000/-, Rs. 23,00,000/- was paid as advance and he along with his brothers and sister went at Registry office and sale deed was prepared.
When he made demand of remaining amount of Rs. 6,00,000/- then they told to send the same through RTGS and asked to put signature. At that time, he made quarry about blank space on one paper of the sale deed they they replied that the recent khata, plot number will be typed there and, thereafter, he and his brothers and sister put their signature on sale deed. Later on, he came to know that the aforesaid persons, including the petitioner, put the details of land in sale deed regarding land of village- Churi in place of village- Gohti.
Patna High Court CR. MISC. No.8856 of 2019(3) dt.07-05-2019 3/3 Learned counsel for the petitioner submits that petitioner is simply deed writer and he has falsely been implicated in this case. Moreover, Title Suit No. 64 of 2019 has already been been filed by the informant and others against the accused named in the F.I.R., including the petitioner, which is pending for disposal in the Court of Civil Judge (Senior Division)-II, Gaya.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 06 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T