Satendra Kumar @ Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42922 of 2014 Arising Out of PS.Case No. -357 Year- 2013 Thana -CHAPRA CITY District- SARAN ====================================================== Satendra Kumar @ Anand S/O Late Rameshwar Prasad Verma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 420, 467 and 468 of the I.P.C.

Allegedly, through registered deed of gift the informant got the land from one Sunaina Devi and for that land the petitioner executed a forged sale deed in favour of one Mogali Rai after bringing the staff of the Registry Office in collusion. Submission is of false implication and that the informant and the petitioner are full brothers. The dispute appears purely of civil nature as is evident from the impugned order itself and the petitioner and informant are sons of second wife of their father. Earlier Partition Suit No. 276 of 1972 was filed in which

Patna High Court Cr.Misc. No.42922 of 2014 (2) dt.16-04-2015 2/2 compromise has taken place on the condition that if any other issue born repartition will take place and after birth of Jitendra Kumar, another son, repartition has taken place in which some portion of the land was given to the petitioner and he executed sale deed of the land which was allotted in his share. This is not a case of impersonation and the petitioner has sold the land as per his right, title and interest.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that three cases are going on and the petitioner is harassing the informant in various ways. Considering that the dispute appears of civil nature and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Saran at Chapra in Chapra Town P.S. Case No. 357 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T