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Patna High CourtCR. MISC./15727/2020dismissed

Sita Ram Rai v. The State Of Bihar

2023-06-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15727 of 2020 Arising Out of PS. Case No.-2590 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.

SITA RAM RAI Son of Late Ram Shobhit Rai Resident of VillageRahimpur, P.S. and District- Vaishali. 2.

Dinesh Kumar Yadav @ Dinesh Yadav Son of Chandrashekhar Rai Resident of Village and P.O.- Amritpur, P.S. and District- Vaishali, presently resides at Lalganj Rai Market, P.S.- Lalganj, District- Vaishali. 3.

Deepak Kumar Yadav Son of Chandrashekhar Rai Resident of Village and P.O.- Amritpur, P.S. and District- Vaishali, presently resides at Lalganj Rai Market, P.S.- Lalganj, District- Vaishali.

4.

Dinesh Rai Son of Shiv Pujan Rai Resident of Village- Agarpur, P.S. and P.O.- Lalganj, District- Vaishali.

5.

Chandeshwar Rai @ Chandra Shekhar Rai Son of Late Baidhnath Rai Resident of Village and P.O.- Amritpur, P.S. and District- Vaishali, presently resides at Lalganj Rai Market, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramnath Rai Son of Late Yogendra Rai Resident of Village- Sarariya, P.S.- Lalganj, District- Vaishali.

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2023 Heard the parties.

Learned counsel for the petitioners submits that in a land dispute, this case has been filed against the petitioners and the executant of the sale deed is their own grandfather (Nana). If the grandfather wanted to gift some land to the petitioners, he could grandfather wanted to gift some land to the petitioners, he could have executed a gift deed or executed a

Patna High Court CR. MISC. No.15727 of 2020(2) dt.20-06-2023 2/2 will. The entire prosecution seems to be suspicious only to defeat the claim of other co-sharers of the grandfather. In these circumstances, I am not inclined to entertain this application. It is, accordingly, dismissed. The trail Court is directed to conclude the trial within six months from the date of receipt/production of a copy of this order.

The accused shall co-operate in this case. If the accused does not co-operate in this case, the Trial Court will take all coercive steps against the petitioners. (Sandeep Kumar, J) Saif/- U T