Ashok Tiwari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47068 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Ashok Tiwari, son of Late Ramanuj Tiwari, resident of Girihinda, P.S. and District Sheikhpura.

2. Abbu Fatah, Son of Late Md. Idish, resident of Katari Kol, P.S. and District Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ayub Mohammad, Son of Late Abbu Mozaffar, resident of Village Katari Kol, P.S. and District Sheikhpura.

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Opposite Party/s : Mr. Sri Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 42C of 2016 registered under Sections 420, 467, 468, 469, 471/34 and 120B of the Indian Penal Code. The accusation is that 9 decimal of land of Khesra No. 124 of Khata No. 68 of village Katni, P.S. Koal, Shekhpura, was purchased by Sohel, younger brother of complainant Aiyub Mohammad on 18.07.1983, since then complainant was continued in possession of the aforesaid land. On 08.01.2016, in the evening, he came to know that 7 decimalsof aforesaid land

has been transferred by the accused persons by making forged documents. On verification from the Office of Sub-Registrar, Sheikhpura, he came to know that accused no. 2, Jamal Ahmad and accused no.3 Praveen Fatma without taking the consideration amount executed the sale deed in favour of accused no. 9 Babi Devi, wife of Rajendra Bishwakarma, on which, petitioner no. 1 has put his signature on sale deed as a witness and petitioner no. 2 has also put his signature on sale deed as identifier.

Learned counsel for the petitioners submits that it would appear from the complaint petition that both petitioners are the witnesses of sale deed. The brother of the informant has filed Title Suit No. 23 of 2016 in the court of Sub-Judge-III, Sheikhpura and another case, i.e., Land Dispute Redressal Case No. 95/2015-16 is also filed before the court of L.R.D.C., Sheikhpura by the complainant.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Ist, Sheikhpura, in connection

with Complaint Case No. 42C of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T