Bhawesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24911 of 2023 Arising Out of PS. Case No.-741 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Bhawesh Kumar Son Of Rajendra Prasad Sah R/O Mohallah- Durga Asthan Kasba, P.S.- Kasba, District- Purnea (BIHAR) ... Petitioner
Versus
1.
The State Of Bihar 2.
Bimla Devi @ Bimli Devi Wife Of Yogendra Yadav R/O VillageAnupnagar, P.O.- Bellouri, P.S.- Sadar, Ranipatra, District- Purnea (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samir Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence under sections 420/465/471/34 of the Indian Penal Code.
3. Petitioner is said to have purchased the land of the complainant fraudulently by impersonating some other land, through sale deed.
4. The sale deed was executed and registered on 31.8.2018 which carries photographs and signature of complainant. Now, she cannot be allowed to question the validity of sale deed. The sale deed was executed after due enquiry and verification. There is delay of about four years in lodging of the complaint and there is no
Patna High Court CR. MISC. No.24911 of 2023(3) dt.13-07-2023 2/2 explanation of delay which itself creates doubt over the veracity of the allegation. Dispute is of civil nature. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Purnea in CA Case No. 741 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T