Janardan Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24075 of 2015 Arising Out of PS.Case No. -363 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Janardan Singh Son of Late Inardev Singh
2. Bachchee Devi, wife of Shiv Chandra Pandit. Both resident of villageGovind Fulkahan, P.S.- Kanti, District- Muzaffarpur .... .... Petitioners
Versus
1. The State of Bihar
2. Nand Kishore Singh, Son of Rajdeo Singh, resident of village- Govind Fulkahan, P.S.- Kanti, District- Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Neeraj Kumar Alias Sanidh, Advocate.
For the Opposite Parties : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2015 Heard both sides.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 468, 471, 420 and other Sections of the Indian Penal Code.
The informant alleged that the land of Khata No. 126, Khesra No. 984, Area 15 decimal situated in Govind Fulkahan fell in his share. There was a mutual partition between the coparcener, and the petitioner no. 1 Janardan Singh who happens to be cousin of the informant executed sale deed with regard to the same land in favour of petitioner no. 2. There appears that Janardan Singh, petitioner no. 1 is son of Late Inardev Singh and the informant is
Patna High Court Cr.Misc. No.24075 of 2015 (2) dt.10-07-2015 2/2 the son of Late Rajdeo Singh. Late Rajdeo Singh and Late Inardev Singh are two brothers.
It is submitted that there was no partition by meets and bounds. The petitioner no. 1 claims that the land fell in his share. Considering the facts aforesaid and the fact that the dispute is of civil nature, 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 Sub-Divisional Judicial Magistrate (West) at Muzaffarpur in Motipur P.S. Case No. 363 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