Rajo Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30236 of 2016 Arising Out of PS.Case No. -3163 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Rajo Mukhiya Son of late Bhushan Mallah Resident of Village- Kunwari, P.S Banmankhi, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Lalita Devi Wife of Raj Kumar Mukhiya Resident of Village- Kunwari, P.S Banmankhi, District Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 3163 of 2015 under Section 323, 379, 420 of the Indian Penal Code.

The complainant alleged that her husband, Raj Kumar Mukhiya, Rajo Mukhiya, petitioner, and Munna Mukhiya jointly purchased lands of R.S.P. No. 1199, 1976 and 1174 and all the three brothers of husband of complainant partitioned their property but Rajo Mukhiya transferred the land in excess from his share to his wife, Ghoghiya Devi.

It is submitted that no partition was held. On account

Patna High Court Cr.Misc. No.30236 of 2016 (2) dt.09-09-2016 2/2 of land dispute this false case has been lodged. Considering the fact that the dispute is of civil nature, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 learned Additional Chief Judicial Magistrate, Purnea in Complaint Case No. 3163 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T