Rajendra Prasad Verma And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16718 of 2019 Arising Out of PS. Case No.-1138 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Rajendra Prasad Verma, Son of Late Ram Kirpal Mahto Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai 2.

Mahendra Prasad Verma @ Mahendra Kr. Verma Son of Late Ram Kirpal Mahto Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai 3.

Ram Lakhan Mahto @ Ram Lakhne Mahto Son of Late Ram Ratan Mahto Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai 4.

Dinesh Prasad Verma @ Dinesh Prasad Son of Late Ram Ratan Mahto Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai 5.

Smt. Urmila Devi Wife of Jeevan Prasad Gupta Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai 6.

Jitendra Rai Son of Bindeshwari Rai Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar, 2.

Arvind Sharma Son of Chattu Sharma Resident of Ward No.10, Ghaghara, Bhagbati Mandir, P.S.- Bakhri, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the informant :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1138 C of 2018,

Patna High Court CR. MISC. No.16718 of 2019(3) dt.20-06-2019 2/3 registered under Section 323, 420, 467, 468, 471, 504 and 506/34 of the Indian Penal Code.

The accusation is that petitioner No.1 Rajendra Prasad Verma, petitioner No. 2 Mahendra Prasad Verma, petitioner No. 3 Ram Lakhan Mahto @ Ram Lakhne Mahto, petitioner No.4 Dinesh prasad Verma @ Dinesh Prasad and Surendra Prasad Verma sold Khatiani land of O.P. No.2 Arvind Sharma in favour of Petitioner No. 5, namely, Smt. Urmila Devi and Parmila Devi without any right and title. Manoj Prasad and petitioner No.6 Jitendra Rai put their signature as witness on the sale deed. Thereafter, they started to construct the house. When the complainant/O.P. No.2 Arbind Sharma made protest then petitioner No. 5 Smt. Urmila Devi and Parmila Devi disclosed that they have acquired the land through sale deed.

Learned counsel for the petitioners submits that, in fact, the land as detailed in complaint petition has recorded in the name of father of petitioner No.1 Rajendra Prasad Verma, petitioner No.2 Mahendra Prasad Verma and Surendra Prasad Verma and land was sold to petitioner No.5 Smt. Urmila Devi and Pramila Devi and they got mutated their name in revenue record. Moreover, the dispute as detailed in the complaint

Patna High Court CR. MISC. No.16718 of 2019(3) dt.20-06-2019 3/3 petition is civil in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Judge-IIIcum-Addl. Chief Judicial Magistrate-V, Begusarai in connection with Complaint Case No. 1138 C of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T