Rajesh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13545 of 2022 Arising Out of PS. Case No.-936 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
RAJESH KUMAR CHAUDHARY Son of Shobhnath Chaudhary Resident of Village - Chaukipur, Chandawa, P.s.- Udwantnagar, Distt.- Bhojpur, Bihar- 802312 2.
DINESHWAR SINGH Son of Shankar Singh Resident of Village - Chaukipur, Chandawa, P.s.- Udwantnagar, Distt.- Bhojpur, Bihar- 802312 3.
SRIKANT YADAV Son of Dayashankar Yadav Resident of Village - Bhendiya, Rani Sagar, P.s.- Shahpur, Distt.- Bhojpur, Bihar- 802312 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate, Mr. Sarveshwar Tiwary, Advocate Mr. Prabhat Kumar Singh, Advocate Mr. Pramod Kr. Pandey, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 420, 419, 467, 468, 471, 472 and 34 of the Indian Penal Code.
3. The case of the prosecution is that informant lives in Delhi and she has got land at Mauja -Pakriyabar, Khata No.389, Plot No.1599, measurign an area of 12 kattha. It is further alleged that all the accused persons including these petitioners prepared forged sale deed putting the signature of the informant and also identifier and got the land transferred in their name.
4. It is submitted on behalf of the petitioners that they are bona fide purchasers of the land and after paying full consideration
Patna High Court CR. MISC. No.13545 of 2022(14) dt.18-09-2023 2/2 money, got the land registered through sale deed. Moreover, the photograph of informant and her daughter along with their thumb impression and finger print are there on the aforesaid sale deed. In this connection, the informant has filed Title Suit No.722 of 2021 against the petitioners for the cancellation of sale deed which is pending in the Court of Sub Judge-VI, Ara at Bhojpur. It is further submitted that the dispute is purely of civil in nature for which petitioner has got other remedies. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant both have opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on 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 Additional Sessions Judge-XIII, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 936 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) sanjeev/- U T