Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16456 of 2020 Arising Out of PS. Case No.-390 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== 1.

MANISH KUMAR Son of Shri Harendra Rai Resident of Village-Pachai Mubarak, P.S-Rajapakar, District-Vaishali.

2.

Nitu Devi Wife of Shri Sunil Kumar Surya Resident of Village-Desari, P.SDesari, District-Vaishali. 3.

Pinki Kumari Wife of Motilal Rai Resident of Village-Basra, P.S.-Rajapakar, District-Vaishali.

4.

Rajendra Rai Son of Budhan Rai Resident of Village-Dighi Kala, P.SHajipur Sadar, District-Vaishali. 5.

Nitu Devi Wife of Randhir Kumar Resident of Village-Mohiuddinpur Garahi, P.S-Jandaha, District-Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 406, 467, 468, 120(B)/34 of the Indian Penal Code.

Prosecution case in short is that with intention to grab the land of the informant, the accused persons hatched up a conspiracy and they fraudulently brought forged and fabricated geneaological table of informant's father, in which, non-

Patna High Court CR. MISC. No.16456 of 2020(2) dt.01-03-2021 2/3 petitioner accused Laxman Raut was shown to be son of Madan Lal Raut @ Munshi Lal Raut and on the basis of said geneaological table, accused Ravindra Kumar got a power of attorney in his favour from Laxman Raut and on the basis of said power of attorney Ravindra Kumar sold 11 Dhurs land to the accused petitioner namely Nitu Devi, W/o Randhir Kumar. Similarly, some more land of the inflrmant was sold fraudulently by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The matter relates to property dispute between the parties. Petitioners are also said to have purchased the land in question. The matter relates to civil dispute. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties

Patna High Court CR. MISC. No.16456 of 2020(2) dt.01-03-2021 3/3 of the like amount to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 390 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T