Soni And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45719 of 2015 Arising out of PS.Case No. -2255 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== 1 Soni, daughter of Late Jamil Akhtar.

2.Md. Rafi Rinku, Son of Late Jamil Ahtar. Both are residents of MohallaPakki Sarai, P.S.-Town, District-Muzaffarpur. .... .... Petitioners

Versus

1 The State of Bihar.

2. Pradeep Kumar Singh, S/O Late Prem Singh, R/O C/O .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Archana Sinha @ Archana Shahi, Advocate.

For the State : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2016 Heard learned counsels for the petitioners, complainant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 2255/2013, Tr. No. 4973/2015 for the offences instituted under Sections 120(B) and 420 of the IPC.

The prosecution story, in brief, is that the land of the complainant's land is situated at Chaturbhuj Asthan, Mithanpura, Muzaffarpur, bearing Khata No.157, Khesra No.510, having an area of 3.05 decimals was sold by Naresh Singh who is the cousin brother of the complainant in favour of the petitioner no.1. When the informant came to know this fact then Abhay Kumar and Ajit Kumar have issued six cheques in favour of the complainant which were later on bounced due to insufficient fund in their

Patna High Court Cr.Misc. No.45719 of 2015 (3) dt.02-02-2016 2/2 account.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. As per prosecution case, Naresh Singh is said to have sold the land in question to the petitioners. Naresh Singh is the nephew of the informant. The petitioners are simply the purchasers of the land. The main allegation is against co-accused Naresh Singh. The matter relates to civil dispute. The petitioner no. 1 is a lady. On behalf of the learned counsels for the complainant and the State it has been submitted that the petitioners are named in the F.I.R. and they are conspirators in the alleged crime.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 2255/2013, Tr. No. 4973/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T