Dukhani Kuar And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19016 of 2015 Arising Out of PS.Case No. -631 Year- 2008 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Dukhani Kuar S/o Late Yugeshwar Singh resident of Village- Pithanua, P.S.- Barun, District- Aurangabad.

2. Deepak Kumar Sinha S/o Bhola Lal, Licence No. 148/2002, Civil Court Compound P.S.- Aurangabad (T), District- Aurangabad. .... .... Petitioners

Versus

1. The State of Bihar.

2. Most. Shanti Kuer W/o Late Rajeshwar Singh resident of Pithanua, P.O.- Rampur, P.S.- Barun, District- Aurangabad.

.... .... Opposite Parties ====================================================== with Criminal Miscellaneous No. 19176 of 2015 Arising Out of PS.Case No. -631 Year- 2008 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Surendra Kumar Singh S/o Kedar Singh

2. Kamta Singh S/o Bhichhan Singh Both are resident of Pithanua, P.S. Barun, District - Aurangabad .... .... Petitioners

Versus

1. The State of Bihar

2. Most. Shanti Kuer W/o Late Rajeshwar Singh resident of Pithanua, P.S. Barun, District - Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.19016 of 2015) For the Petitioner/s : Mr. Rakesh Singh Mr. Shaket Kumar Singh For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) Mr. A.K.Singh (In Cr.Misc. No.19176 of 2015) For the Petitioner/s : Mr. Saket Kumar Singh For the Opposite Party/s : Mr. Upendra Kumar(App) Mr. A.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-06-2015 In both the petitions, petitioners have prayed for grant

Patna High Court Cr.Misc. No.19016 of 2015 (2) dt.15-06-2015 2/3 of anticipatory bail in the event of their arrest in connection with Complaint Case No. 631 of 2008 registered for the offence under Sections 467, 468, 120(B) of the Indian Penal Code. Accordingly, both the petitions were heard together and are being disposed of by this common order.

Heard Sri Rakesh Singh, learned counsel, who was assisted by Sri Saket Kumar Singh, learned counsel for petitioners, learned Addl. Public Prosecutor as well as Sri Abhishekh Kumar Singh, learned counsel, who has appeared on behalf of complainant/opposite party no. 2.

In the present case, the allegation against the petitioners is that land of complainant was illegally transferred to one of the accused Surendra Kumar Singh. It has been alleged that petitioner no. 1 (Dukhani Kuar) in Cr. Misc. No. 19016 of 2015 had executed the sale-deed, in which, the petitioner no. 2 (Deepak Kumar Sinha) in Cr. Misc. No. 19016 of 2015 had acted as a deed-writer and land was transferred to Sri Surendra Kumar Singh (petitioner no. 1) in Cr. Misc. No. 19176 of 2015, in which, in the sale-deed, petitioner no. 2 (Kamta Singh) in Cr. Misc. No. 19176 of 2015 had stood as identifier.

Learned counsel for the complainant has opposed the prayer of grant of anticipatory bail. However, on query, he

Patna High Court Cr.Misc. No.19016 of 2015 (2) dt.15-06-2015 3/3 accepts that the complainant has not taken any step for getting the said sale-deed declared as void by way of filing any suit, but he has opposed the prayer of the anticipatory bail on the ground that the complainant is a widow and in a calculated manner, the accused persons had grabbed her land.

In view of nature of accusation, the Court considers that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of one month from today, all the aforesaid petitioners, namely; Dukhani Kuar, Deepak Kumar Sinha, Surendra Kumar Singh and Kamta Singh be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Complaint Case No. 631 of 2008, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay/- U T