Patna High CourtCR. MISC./10917/2017bail granted

Sunil Kumar And ORS v. The State Of Bihar

2017-03-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10917 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================

1. Sunil Kumar, Son of Ashwini Kumar.

2. Anant Kumar, Son of Ram Ekwal Sharma.

3. Bhimlesh Kumar @ Bimlesh Kumar @Nimlesh Kumar @ Minlaish Kumar Son of Akhileshwar Sharma, All are Resident of Village- Darhetta, P.S.- Kurtha, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-03-2017 Heard both sides.

The petitioners apprehend their arrest in Kurtha P.S. Case No. 174/2016, registered for the offences punishable under Section 379 and other sections of the Indian Penal Code. The informant filed complaint case on the basis of which the present F.I.R. was lodged. The informant alleged that her father died leaving behind two daughters the informant Chinta Devi and Meena Devi. Sunil Kumar and others came with Bulldozer and started demolishing the house of the informant. On enquiry, it transpired that Sunil Kumar got a sale deed executed by her cousin Nandlal Ram and others. Anant Kumar and Bimlesh

Patna High Court Cr.Misc. No.10917 of 2017 (2) dt.28-03-2017 2/2 Kumar are the witnesses of the sale deed.

It is submitted that no house was damaged. There is land dispute between the parties and that is why petitioners have falsely been implicated in the case. Nandlal Ram has got share in the land and the informant wanted to grab the same. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 174/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T