Parmanand Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49932 of 2014 Arising Out of PS.Case No. -229 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Parmanand Singh Son of Late Vidya Sagar
2. Kishundeo Singh Son of Late Sital Singh Both R/o Village Ravaich, P.S. bakhtiyarpur, District Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Maya Devi Wife of Chotan Pd R/o Rawaich, P.S. Bakhtiyarpur, District Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2015 The petitioners are apprehending their arrest in connection with Complaint Case No. 229 ( C )/2011for the offence under Section 420 of the Indian Penal Code. Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that complaiannt's husband had taken voluntarily retirement and getting pension, because he had lost his eye sight. Her husband has ancestral home at village Rawaich but the complainant along with her husband and family members are living at Dhanbad. On 21.10.2010 accused persons came at Dhanbad and they taken her husband to Barh for providing treatment and got executed the land
Patna High Court Cr.Misc. No.49932 of 2014 (2) dt.08-05-2015 2/3 of his share from ancestral land fraudulently. After some time the complainant came to village Rawaich, then accused persons told her that they had purchased the house of share of her husband through registered sale deed. On query , her husband told her that he had not executed any sale deed in favour of the accused persons who had taken his L.T. I on so many papers in the pretext of providing free treatment on 26.10.2010 and It appears that they converted the same into the registered sale deed. Thereafter complacent approached the accused persons, they also assailed her and her sons.
It has been submitted on behalf of the petitioners that they are innocent and they are not beneficiaries in any manner whatsoever. The sale deed is executed in favour of Saroj Devi. It is further submitted that the said deed was executed on 26.10.2010 and after a period of long gape i.e. on 9.5.2011 the present case has been instituted. It has been brought to the notice of the Court that the other co accused have been granted bail, vide Annexure 4 to the present application. It is also submitted that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on
Patna High Court Cr.Misc. No.49932 of 2014 (2) dt.08-05-2015 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Ranvijay Kumar, Judicial Magistrate, 1st Class, Barh, DistrictPatna, in Complaint Case No. 229 ( C ) of 2011,subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T