Balram Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34322 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Balram Mishra S/o late Rajeshwar Mishra R/o Village laskhari, P.s Udakishunganj, District Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,468 and 471 of the Indian Penal Code.

It is alleged that 1 acres 75 decimals of land was purchased by the father of the informant in the name of the mother of the informant namely Pushpa Devi. The accused persons got the said land settled in their favour by the officers of Survey Department. It is also alleged that Title Suit No. 45 of 2010 has been filed making the informant as plaintiff by forging his signature.

It is submitted by the learned counsel for the petitioner that title suit is pending and there are series of litigation between the parties and in that background the accusation has been

Patna High Court Cr.Misc. No.34322 of 2015 (2) dt.25-08-2015 2/2 levelled. It is further submitted that order under section 106 of the B.T. Act is appealable but instead of filing appeal the present criminal forum has been resorted to.

Considering the accusation levelled in the background of title dispute between the parties and Statement been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of learned SDJM, Udakishanganj, Madhepura in connection with Udakishunganj P.S. Case No.9 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T