Bachiya Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4009 of 2016 Arising Out of PS.Case No. -3345 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Bachiya Devi W/o Harindra Mahto

2. Harindra Mahto S/o Ranglal Mahto

3. Raj Balam Raut S/o Late Badri Raut

4. Badal Mahto S/o Om Prakash Mahto All resident of village - Chapia, Tola Penhara, P.S. Taraiya, District - Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dilip Mahto S/o Ramnath Mahto resident of village - Chapia, Tola Penhara, P.S. Taraiya, District - Saran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghwanand For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 471, 323, 504, 34 of the Indian Penal Code. The prosecution case is that petitioner No. 2 Harindra Mahto executed a sale deed with regard to the 11 katha land of the complainant in favour of petitioner No. 1 Bachiya Devi being his wife by impersonating father of the complainant Ramnath Mahto. Petitioner Nos. 3 and 4 are the identifier of the sale deed.

It is submitted by learned counsel for the petitioners that father's name of the petitioner No. 2 is Ranglal

Patna High Court Cr.Misc. No.4009 of 2016 (2) dt.27-01-2016 2/2 Mahto but in the sale deed, as a bona fide mistake, it was mentioned as Ram Nath Mahto and under the same mistake the sale deed was executed but now the sale deed has been cancelled.

Considering the thrust of accusation against petitioner No. 2 Harindra Mahto, let learned Court below consider the prayer for regular bail of petitioner No. 2, if he surrenders within a period of six weeks in connection with Complaint Case No. 3345 of 2013, Trial No. 4760 of 2014, pending in the Court of learned Judicial Magistrate, Chapra. Considering the aforesaid facts, let the petitioners, above named, except petitioner No. 2, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Chapra in connection with Complaint Case No. 3345 of 2013, Trial No. 4760 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T