Kanhiya Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 32240 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -MASRAKH District- SARAN ======================================================

1. Kanhiya Rai, son of Ramprit Rai.

2. Ramprit Rai, Son of Late Bishundeo Rai, both Residents of VillageHansapir, P.S.- Masrakh, District- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Rajeev Kumar, Advocate For the Complainant : Mr Ranjay Kumar, Advocate For the S t a t e : Smt Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners, complainant/informant and the learned APP for the State. Petitioners apprehend arrest in a case registered under Sections 420, 467, 468, 471/34 of Indian Penal Code. It is submitted on behalf of the petitioners that in respect of the same sale deed, the complainant/informant has also lodged a Title Suit for cancellation of the sale. The same appears to be admitted from the order rejecting the petitioners' prayer for anticipatory bail by the learned Court below. Petitioners have also placed on record the sale deed in question and submit that from perusal of the same, it would appear that the complainant/informant has appeared before the registering

Patna High Court Cr.Misc. No.32240 of 2017 (2) dt.13-07-2017 2/2 authority as the document bears his photograph and signature. It is submitted by the petitioners that prior to the instant case, there is no criminal antecedent of the petitioners from before. It is also submitted by the petitioners that some of the co-accused, namely, Jatindra Rai @ Yatindra Prasad Singh @ Yatindra Prasad and Arjun Rai have already been granted anticipatory bail vide order dated 06.07.2017 passed in Cr Misc No 21627of 2017. In view of the existence of a valid registered sale deed and in view of the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of their arrest or surrender within four weeks from today, the petitioners above named shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Saran at Chapra in Masrakh Police Station Case No 320 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Madhuresh Prasad, J) M.E.H./- U T