Patna High CourtCR. MISC./42063/2017bail granted

Bhola Singh And ORS v. State Of Bihar And ANR

2017-09-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42063 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Bhola Singh, S/o Late Mundrika Singh

2. Most. Sobha Devi, W/o Late Ashok Singh

3. Most. Rina Devi, W/o Late Sanjay Singh All residents of Village-Basiawan, P.S.-Pipra, District-Patna. .... .... Petitioners

Versus

1. The State of Bihar

2. Rama Kant Singh @ Ramakant Singh Yadav @ Ramakant Prasad Singh @ Ramakant Yadav S/o Late Mundrika Singh, Resident of Village-Basiawan, P.S.-Pipra, District-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Prasad, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned counsel for the opposite party no.2.

The petitioners seek pre-arrest bail in connection with Complaint Case No. 433(c) of 2016 in which cognizance has been taken under Sections 468 and 471 of the Indian Penal Code.

Patna High Court Cr.Misc. No.42063 of 2017 (2) dt.21-09-2017 It is submitted by the learned counsel for the petitioners that the dispute between the parties is of civil nature. It is submitted that petitioner no.1 is elder brother of the complainant and the other two petitioners are wives of the two deceased brothers of the complainant.

Learned counsel for the complainant has opposed the application for grant of pre-arrest bail to the petitioners on the ground that the accused persons who are co-sharers of the complainant forged the deed of partition and on the basis of that they filed a mutation case also.

Be that as it may, regard being had to the nature of dispute, in the event of arrest or surrender in the court below within four weeks from today, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Masaurhi, Patna in connection with Complaint Case No.433(c) of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T