Patna High CourtCR. MISC./48134/2014bail granted

Ashok Singh @ Ashok Kumar Singh And ANR v. The State Of Bihar

2015-04-23Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.48134 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48134 of 2014 Arising Out of PS.Case No. -23 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Ashok Singh @ Ashok Kumar Singh S/o Vijay Kumar Singh

2. Rita Devi W/o Vijay Kumar Singh Both are resident of village- Madhey, P.S.- Narari Kala, Khurd, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail. Petitioner no.1 is said to have been arrested during the pendency of this application. This application to the extent it relates to petitioner no.1 thus, stands dismissed as having become infructuous.

The allegation against the petitioners is that they executed a sale deed with respect to a land which in fact belonged to the informant.

Learned Senior counsel appearing on behalf of the petitioner submits that there is dispute between the parties over the

Patna High Court Cr.Misc. No.48134 of 2014 (3) dt.23-04-2015 said land and the land with respect to which Ashok Singh (Petitioner no.1) had executed a sale deed in fact belonged to him. He submits that no offence under Sections 420,467,468,471/34 of the Indian Penal Code is made out on the basis of allegation as contained in the First Information Report. He has further submitted that Ashok Singh @ Ashok Kumar Singh who is said to have executed a sale deed has beend granted regular bail by this Court vide order dated 3.4.2015 passed in Cr. Misc. No. 11465 of 2015.

In view of the submission that there is no allegation against petitioner no.2 of having committed any offence and in view of nature of dispute between the parties, let petitioner No.2 Rita Devi in the event of her arrest/surrender within four weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Aurangabad in Aurangabad (Town) P.S. Case No. 23 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U