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Patna High CourtCR. MISC./13167/2019bail granted

Ram Narayan Singh And ANR v. The State Of Bihar And ANR

2019-07-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13167 of 2019 Arising Out of PS. Case No.-2981 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

Ram Narayan Singh, Son of Late Birendra Singh, Resident of Village - Narawani Tola, Jamalpur, P.S.- Marhowrah, Distt - Saran at Chapra. 2.

Ravi Shankar Singh, Son of Ram Narayan Singh, Resident of Village - Narawani Tola, Jamalpur, P.S.- Marhowrah, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kalpna Singh, Wife of Shishir Kr. Singh, Resident of Village - Narawani Tola, Jamalpur, P.S.- Marhowrah, Distt - Saran at Chapra. At present Bhajubir, P.S. - Cant, Distt - Varansi (U.P.). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.2981 of 2017, disclosing offences under Sections 419, 420, 467, 468 and 471 of IPC. Prosecution case as per F.I.R. is that petitioner no.1 got a sale deed executed of an area of 1 Bigha, 16 Kathas, 19 Dhurs of land, though the said land is of the informant. Submission of the learned counsel for the petitioners is that after the purchase of the land he has already mutated the land and he is in possession over the land and moreover, the complainant has sold that land to other persons, for which, the

Patna High Court CR. MISC. No.13167 of 2019(5) dt.22-07-2019 2/2 petitioner has filed a Title Suit No.133 of 2017, which is still pending.

Heard learned A.P.P. also.

In this case, notice was issued to the opposite party no.2 and it appears from the registered notice that same has been received by complainant/opposite party no.2, but nobody appears on behalf of the opposite party no.2 nor any Vakalatnama is on the record.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate- XI, Sarat at Chhapra, in connection with Complaint Case No.2981 of 2017, Trial No. 2678 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T