Patna High CourtCR. MISC./2854/2015rejected

Phulchand Yadav @ Ful Chand Yadav And ANR. v. The State Of Bihar

2015-01-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.2854 of 2015 (3) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2854 of 2015 Arising Out of PS.Case No. -1981 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Phulchand Yadav @ Ful Chand Yadav S/o Tej Narayan Yadav village - Raghunathpur Ward no. 13

2. Ashok Yadav S/o Boki Yadav village - Raghunathpur ward no. 9, Both P.S. - Bhargama, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwajeet Singh For the Opposite Party/s Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Complaint Case No. 1981 C of 2013 in which cognizance has been taken for the offence punishable under section 420 of the IPC. The accusation against the petitioner no.1 is that he executed sale deed in respect of land of complainant who happens to be father of petitioner no.1 declaring him dead in favour of his wife. So far as petitioner no.2 is concerned, it is alleged that he witnessed the said execution of the sale deed. Regard being had to the facts and circumstances as well as submissions of the parties, I do not think it proper to release the petitioners on anticipatory bail and accordingly, their prayer for anticipatory bail in connection with Complaint Case No. 1981 C of

Patna High Court Cr.Misc. No.2854 of 2015 (3) dt.29-01-2015 2013 pending in the curt of the Chief Judicial Magistrate, Araria/ concerned court stands rejected.

However, if petitioners surrender before the concerned court with compromise petition within six weeks from today and seek regular bail, the concerned court shall consider regular bail application of the petitioners taking note of compromise petition and shall pass appropriate order.

shahid (Hemant Kumar Srivastava,J) U T