Shambhu Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27343 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -ANGARGHAT District- SAMASTIPUR ======================================================

1. Shambhu Mahto, Son of Late Ram Pratap Mahto @ Ram Prasad Matho.

2. Neetu Devi, Wife of Shambhu Mahto.

3. Kanhaiya Kumar, Son of Late Dhannu Pandey.

4. Kailash Sah, Son of Ramashray Sah, All Resident of Village- Chaita, Police Station- Angarghat, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Saurabh Kumar Pandey, S/o Prabhat Kumar Pandey, R/o VillageChaita, Uttari, P.S.- Angarghat, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Angarghat Police Station Case No. 08 of 2017, disclosing offences under Sections 420, 406 and 468 of the Indian Penal Code.

A complaint case, filed by the informant, is the basis for registration of First Information Report, under Section 156 (3) of the Code of Criminal Procedure, 1973. It is alleged in the said complaint petition that the petitioner no. 2 got executed a registered sale deed in

Patna High Court Cr.Misc. No.27343 of 2017 (2) dt.01-07-2017 2/3 her favour with respect to a piece of land by the informant's uncle, who is mentally sick. The petitioner no. 1 is the husband of petitioner no. 2, in whose favour the sale deed has been executed. The petitioner nos. 3 and 4 are witnesses to the said execution of sale deed. Learned Counsel for the petitioners has submitted that dispute of civil nature is being given colour of criminal case.

Considering the nature of the allegation, this application is allowed.

Let the petitioners, namely, Shambhu Mahto, Neetu Devi, Kanhaiya Kumar and Kailash Sah, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Dalsingsarai, Samastipur, in connection with Angarghat Police Station Case No. 08 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two

Patna High Court Cr.Misc. No.27343 of 2017 (2) dt.01-07-2017 3/3 consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √