Ashim Kumar Bhoumik And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1127 of 2016 Arising Out of PS.Case No. -636 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Ashim Kumar Bhoumik Son of Asit Kumar Bhoumik resident of Larkania Tola, Police Station - Katihar in the district of Katihar.

2. Suman Kumar @ Subham Kumar @ Sumar Kumar Son of Vimal Kanti Haldhar, resident of Larkania Tola, Police Station - Katihar in the district of Katihar.

3. Sudip Karmkar Son of Late S.C. Karmkar, resident of Lal Kothi Road, Police Station - Katihar in the district of Katihar. .... .... Petitioners

Versus

1. The State of Bihar.

2. Arun Kumar Bhoumik Son of Late Amit Kumar Bhoumik, resident of Larkania Tola, Lal Kothi Road, Police Station - Katihar in the district of Katihar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Akhileshwar Pd. Singh, Sr. Advocate, Mr. Raj Kumar, Advocate For the State : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and the State.

Petitioners apprehends their arrest in a case filed under Sections 420 and 467 of the Indian Penal Code. It is alleged by the complainant that the petitioner no.1 got executed deed of gift in his favour from his mother during the period when he was ill and in the hospital at Vellor. It is contended that the complainant and the petitioner no.1 are cousin

Patna High Court Cr.Misc. No.1127 of 2016 (2) dt.12-01-2016 2 / 2 brother and obviously mother of the complainant is aunt of the petitioner no.1 who, at her on volition, has executed the deed of gift. It is further contended that title suit no.187/13 has also been filed for cancellation of gift which is pending in the court of SubJudge 1st, Katihar and, therefore, it is a case of civil nature. Having regards to the facts and circumstances, in the event of arrest/surrender within a period of six weeks from today in Complaint Case No.636 of 2013, the above named petitioners, Ashim Kumar Bhoumik, Suman Kumar @ Subham Kumar @ Sumar Kumar and Sudip Karmkar shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T