Surendra Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21495 of 2018 Arising Out of PS. Case No.-243 Year-2017 Thana- BARHARIA District- Siwan ======================================================

1. Surendra Sah, Son of Swaminath Sah.

2. Maina Devi @ Maina Kunwar, Wife of Swaminath Sah, Both resident of Village- Lakadi Tola Jhakhari Hatta, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Barharia P.S. Case No. 243 of 2017 dated 03.08.2017 instituted for the offences under Sections 323, 379, 120(B), 420 and 468/34 of the Indian Penal Code.

The informant has alleged that a plot of land which was purchased by her after having found a continuous chain of title, was maliciously and fraudulently got executed by another person in favour of the petitioners.

Learned counsel for the petitioners has submitted that in fact the land in question was

Patna High Court Cr.Misc. No.21495 of 2018(2) dt.26-04-2018 2/2 purchased by petitioner no. 2 from one Suganti Devi and Rajanti Kunwar. There is a dispute over the ownership of the land which has led to the lodging of the present case.

Considering the nature of accusation which primarily borders on a civil dispute, the petitioners above named is directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 243 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Sneha U T