Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21661 of 2021 Arising Out of PS. Case No.-515 Year-2019 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

Shailendra Kumar S/o Nagendra Kumar R/o village- Nawabganj, P.S.- Manihari, District- Katihar 2.

Chandan Kumar S/o nagendra Kumar R/o village- Nawabganj, P.S.- Manihari, District- Katihar 3.

Nagendra Kumar S/o Late Sudhir Chandra Sah R/o village- Nawabganj, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jibendra Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 364/467/468/471 of the Indian Penal Code.

Petitioners allegedly purchased certain land from Rajmuni Devi wife of Ram Sewak Ram through registered saledeed. Rajmuni Devi had purchased the same from Lilawati on

Patna High Court CR. MISC. No.21661 of 2021(2) dt.30-11-2021 2/3 20.07.2009 through registered sale deed, a copy at Annexure-4. Allegation in the complaint based FIR is that in fact the fictitious lady had executed the sale deed in favour of the petitioner and not real Rajmuni Devi.

Learned counsel for the petitioner submits that the present false case has been lodged only after death of Rajmuni Devi.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the nature and background of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nagar Sahayak Police Station Case No.515 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.21661 of 2021(2) dt.30-11-2021 3/3 The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T