Patna High CourtCR. MISC./39231/2018bail granted

Birendra Lal Das v. State Of Bihar And ANR

2018-07-06Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.39231 of 2018 (2) dt.06-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39231 of 2018 Arising Out of PS.Case No. -6 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Birendra Lal Das S/o Late Nandan Lal Das @ Naresh Lal Das, Permanent R/o Basantpur Ward No. 11, P.S.- Birpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raj Sinha S/o Tapeshwar Lal, R/o Puwari Tola, Bangaun, Ward no. 12, P.S.- Bangaun, District- Saharsa.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.6C of 2015 registered under Sections 468, 471 and 420 of the Indian Penal Code.

The complainant alleged that the petitioner fraudulently executed sale deed with regard to his land in favour of Narendra Jha and others.

The learned counsel for the petitioner submits that Tapeshwar Lal, the father of the complainant filed Title Suit No.23 of 2015 for declaration of title over the disputed land but the son of complainant filed this complaint case without

Patna High Court Cr.Misc. No.39231 of 2018 (2) dt.06-07-2018 mentioning the details of the land. In fact, the petitioner has got share in the land. The grandfather of the petitioner was co-sharer of the complainant.

Having considered the facts aforesaid and the nature of allegation made against the petitioner and the fact that the dispute is of civil nature for which father of the complainant has already filed Title Suit No.23 of 2015, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Saharsa in connection with Complaint Case No.6C of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T