Ram Singar Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58474 of 2015 Arising Out of PS.Case No. -446 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- - ======================================================
1. Ram Singar Yadav Son of Late Arjun Yadav \
2. Vikash Yadav Son of Sri Ram Singar Yadav Both r/o Yodha Nagar, P.S. Town, District Aurangabad
3. Ramdhyan Yadav Son of Sri Devla Yadav R/o Village Barahi, P.S. Madanpur, District Aurangabad
4. Dev Narayan Yadav Son of Chenarik Yadav R/o Village Pran Bigha, P.S. Deo, District Aurangabad .... .... Petitioners
Versus
1. The State of Bihar
2. Lalan Kumar Son of Late Gopal Mehta R/o Mohalla Shahpur, P.S. Aurangabad (Town), District Aurangabad .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar, Advocate For the Opposite Parties : Smt. Renu Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Complaint Case No. 446 of 2015 for the offences instituted under Sections 406, 468, 471, 504 and 120-B of the Indian Penal Code.
As per the prosecution case, petitioner no.1 had purchased a piece of a land from the complainant for a consideration amount of Rs.5 lacs and after the said sale and purchase, it was learnt that despite a partition by meets and
bounds, the brother of the complainant has surreptitiously filed a partition suit which is pending in the court of SubJudge-III, Aurangabad and after the said knowledge the petitioner no.1 began to apply pressure for refund of Rs.5 lacs and the complainant gave a cheque of Rs.5 lacks to petitioner no.1.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Prior to the institution of the present case, a complaint case was filed by the petitioners against the complainant of the present case. The present case has been instituted in retaliation to Annexure-2, the case which was instituted by the petitioners' side. The matter relates to civil dispute.
On behalf of the State, it has been submitted that the petitioners are named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Complaint Case No. 446 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM,
Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T