Shashi Anand Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11584 of 2025 Arising Out of PS. Case No.-433 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1 . SHASHI ANAND GAUTAM SON OF MADAN YADAV RESIDENT OF VILLAGE- SHIVNANDANPUR, P.S.- SULTANGANJ, DISTT.- BHAGALPUR 2.

NEELAM DEVI WIFE OF MADAN YADAV RESIDENT OF VILLAGE- SHIVNANDANPUR, P.S.- SULTANGANJ, DISTT.- BHAGALPUR 3 . MADAN YADAV @ MADAN PRASAD YADAV SON OF LATE BHUVNESHWAR YADAV RESIDENT OF VILLAGESHIVNANDANPUR, P.S.- SULTANGANJ, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 318 ( 4 ), 319 ( 2 ), 61

Patna High Court CR. MISC. No.11584 of 2025(2) dt.21-03-2025 2/3 ( 2 ) and 3(5) of Bharatiya Nyay sanhita .

3 . As per the prosecution case , on 06.03.213 , son -in -law of Braj Bihari Gautam was killed for which F.I.R., No. 39 of 2013 was registered. Shristi Kumar aged about 12 years is the daughter of late Braj Bihari Gautam. It is alleged that later Braj Bihari Gautam and his elder brother Shashi Anand Gautam jointly purchased two kathas land in village Masdi through sale deed No. 8036 on 12.06.2002. It is further alleged that Shashi Andand Autam sold his half share of the land through sale deed No. 19635 on 16.12.2022 and thereafter Shashi Anand Gautam also sold the rest half land through sale deed to Rajesh Kumar showing late Braj Bihari Gautam as issueless and thus committed forgery with a view to grab the share of Shristi Kumari daughter of Braj Bihari Gautam.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence . As a matter of fact, informant demanded huge lump sum money for the purpose of maintenance and education of her daughter and when petitioner refused to pay the same , this false and concocted case has been lodged against him.

5 . Considering the nature of accusation and fact that petitioner created forged document and executed the sale deed,

Patna High Court CR. MISC. No.11584 of 2025(2) dt.21-03-2025 3/3 even after knowing the fact that daughter of the deceased Braj Bihar Gautam is alive , prayer for pre-arrest bail of the petitioners is rejected.

(Prabhat Kumar Singh, J) Koushik/- U T