Surendra Prasad Singh And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21190 of 2015 Arising Out of PS.Case No. -4117 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Surendra Prasad Singh S/o Late Baijnath Singh
2. Paras Nath Singh S/o Late Baijnath Singh
3. Ram Nath Singh S/o Late Deo Nath Singh
4. Virendra Singh @ Virendra Kumar Singh, S/o Late Deo Nath Singh All R/o Village Dumri, P.O. Dumri Balua, P.S. Doriganj, District Saran at Chapra.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Bijayeshwar Singh @ Bijesh Singh S/o Late Shiv Narayan Singh R/o Village Dumri, P.O. Dumri Balua, P.S. Doriganj, District Saran at Chapra. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Awadhesh Kumar, Advocate.
For the Opposite Parties : Mr. Binod Kumar -Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2015 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 4117 of 2012, corresponding to Tr. No. 3971 of 2014, registered for the offences punishable under Sections 420, 468, 471 and other Sections of the Indian Penal Code. The complainant alleged that Plot Nos. 3899 and 3898 of Khata No. 230 were acquired for construction of National Highway 19 and 85. Plot No. 3898 is recorded in the name of Pashupati Singh son of Late Shiv Narain Singh and plot no. 3899 is recorded in the name of unknown. Late Shiv Narain Singh, the
Patna High Court Cr.Misc. No.21190 of 2015 (2) dt.07-07-2015 2/2 father of the complainant purchased plot no. 3899 from Ramdev Mishra on 17.06.1959, thereafter the complainant and his three sons came in possession.
It is submitted that the land was joint family property. Surendra Prasad Singh, the petitioner no. 1 and his brothers and cousins filed objection that the land is of joint family property, accordingly, the petitioners are entitled for 1/3rd share, the authority issued cheque for compensation of land in favour of the petitioners. The complainant has concealed these facts and genealogy of his family.
Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Judicial Magistrate, Saran at Chapra in Complaint Case No. 4117 of 2012, corresponding to Tr. No. 3971 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T