Sheojee Rai And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9816 of 2015 Arising Out of PS.Case No. -219 Year- 2012 Thana -CHAPRA CITY District- SARAN ======================================================
1. Sheojee Rai.
2. Sunil Kumar Jaiswal.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468, 470 and 471 of the Indian Penal Code.
It is alleged that in the office of Sub-Registrar, Chapra, there was some interpolation with the records leading to institution of several cases. During investigation, one Surendra Kumar Gupta claimed that the land appertaining to Khata No. 83, Survey No. 70 situated at Ward No. 34, Circle No.5, Holding No. 900, Thana No. 258 was his purchased land recorded in the name of his mother namely Indira Devi but in league with the employees of SubRegistry Office, sale deed no. 3591 dated 10.05.1947 has been pasted which suggests that the land belongs to the petitioners and
Patna High Court Cr.Misc. No.9816 of 2015 (2) dt.12-03-2015 2/3 others.
It is submitted by learned counsel for the petitioner that a supplementary affidavit has been filed to the effect that the petitioners are neither claiming the land by virtue of sale deed no. 3591 dated 10.05.1947 nor they are anyway connected with the land in question, statement to that effect has been made in para 3 of the supplementary affidavit which reads as follows:- "That, the petitioners have been made accused in the case on the basis of statement of Surendra Kumar Gupta before the police merely on the basis of suspicion, though they have no any concern with Deed No. 3591 dated 10.05.1947 nor they are claiming their right and title over the land of Surendra Kumar Gupta."
Considering the above fact and the fact that the petitioner is not the employee of Registry office, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chapra, Saran in connection with Chapra Town P.S. Case No. 219 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted on
Patna High Court Cr.Misc. No.9816 of 2015 (2) dt.12-03-2015 3/3 filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-co-operation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.
(Dinesh Kumar Singh, J) Amrendra/- U T