Upendra Prasad Yadav @ Upendra Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33367 of 2015 Arising Out of PS.Case No. -3135 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Upendra Prasad Yadav @ Upendra Yadav Son of Baldeo Prasad Yadav R/o Ward No. 9/14, P.S. & District Araria
2. Pulkit Yadav Son of Shivdhari Yadav R/o Mohalla Bankpar, P.S. & District Araria
3. Ram Kishore Yadav Son of Ram Lal Yadav R/o Village Sah Kano at present Katib Sub Registry office Araria P.s. Distt Araria
4. Birbal Kumar @ Birbal Kumar Yadav Son of Baldeo Yadav R/o Village + P.O. Khasuri, P.S. Bhargama, Ditrict Araria .... .... Petitioner/s
Versus
1. The State of Bihar null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case filed with accusation under Sections 467,468,420,504 and 120B of the Indian Penal Code.
It is alleged that the complainant purchased certain lands from Md. Ekramuddin and Jahiruddin and others and subsequently the land was partitioned. 66 decimals of land came in the share of the complainant and rest 66 decimals of land came in the share of Prabhu Narayan Yadav but when the informant started making construction then petitioner no. 1 raised objection then the
Patna High Court Cr.Misc. No.33367 of 2015 (2) dt.12-08-2015 2/2 informant came to know that some agreement was made with the Government at the behest of accused persons by forging the signature of the complainant. Subsequently 144 Cr.P.C. proceeding was also initiated.
It is submitted by the learned counsel for the petitioners that earlier the petitioner no. 1 lodged Complaint Case No. 3021C of 2012 against the present complainant and petitioner no. 1 also filed Title Suit No. 296 of 2012 for the same cause of action. Considering the accusation arising out of civil nature of dispute, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Complaint Case No. 3135C of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T