Mosst. Kalesari Kuer And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18923 of 2018 Arising Out of PS. Case No.-743 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ======================================================

1. Mosst. Kalesari Kuer, W/o Late Rajendra Thakur,

2. Vijay Yadav, S/o Rambilash Yadav, Both resident of Village- Sihuli Khaira, P.S.- Rafiganj, DistAurangabad (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rambali Paswan, S/o Late Sidhari Paswan, R/o Village- Sihuli Khaira, P.S.- Rafiganj, District- Aurangabad.

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

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 743 of 2016 registered for offences under sections 420, 467, 468/34 of the Indian Penal Code.

An allegation has been made that the petitioner no.1 has got the land executed by Doman Paswan and petitioner no.2 is the witness to the execution of the sale deed. Learned counsel for the petitioners submits that the petitioner no.1 has purchased the land from Doman Paswan who has sold his own share of land and is a Gotiya of the present

Patna High Court Cr.Misc. No.18923 of 2018(2) dt.05-04-2018 2/2 complainant. So far petitioner no.2 is concerned, he is only a witness to the execution of the sale deed.

Learned counsel for the petitioners submits that already a civil suit has been filed being Title Suit No. 22 of 2017 for setting aside the sale deed claiming that it is completely a false document.

Looking to the entire facts and circumstances of the case, let the petitioners, namely, Mosst. Kalesari Kuer and Vijay Yadav, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Complainant Case No. 743 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) rishi/- U T