Manish Kumar Sinha And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23873 of 2018 Arising Out of PS. Case No.-837 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================
1. Manish Kumar Sinha, S/o- Late Santan Kumar Sinha,
2. Vikash Kumar Sinha @ Vikash Kumar Singh, S/o-Late Santan Kumar Sinha,
3. Lilawati Sinha, W/o-Late Santan Kumar Sinha, All are R/oMohalla- Paschim Tola, P.S.- Ara Town, District- Bhojpur. ... ... Petitioners
Versus
1. The State of Bihar.
2. Vinod Kumar Sinha S/o Late Sheo Kumar Prasad, R/o Mohalla- Pashchim Tola, Ara P.S.- Ara Town, Distt.- Bhojpur (Bihar). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Pandey For the Opposite Party/s :
Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2018 Heard learned counsels for the petitioners, complainant and State.
The petitioners are apprehending arrest in a complaint case filed with accusation punishable under Sections 419, 465, 467, 468 and 471 of the IPC, though neither the petition nor the impugned order suggest as under which provisions of the IPC, actually cognizance has been taken.
The prosecution case as per the complainant Vinod Kumar Singh is to the effect that the accused persons sold the land of the complainant's share, appertaining to Khata No. 85 Plot No. 1164 situated in Mauza- Jaganpura, District- Patna, on
Patna High Court Cr.Misc. No.23873 of 2018(2) dt.02-05-2018 2/3 29.07.2011, through a registered sale deed. The complainant came to know about such transfer on 02.01.2015. The complainant has been cited as a witness in the sale deed. It is submitted learned counsel for the petitioners that the petitioner nos. 1 and 2 are the nephew and petitioner no. 3 is the sister-in-law (bhabhi) of the complainant. They sold their own share of land however, Title Suit No. 1017 of 2014 is pending with regard to the issue in dispute.
It is further submitted that similar nature of cases have been filed by the complainant earlier against the petitioners in which the petitioners are on bail.
Learned counsel for the complainant submits that though, the complainant has been cited as a witness, but neither his LTI nor his signature is there on the sale deed, hence apparently by impersonating the petitioner, the sale deed has been executed. Considering the nature of accusation arising out of civil nature of dispute, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub Judge VIII, Patna in connection with Complaint
Patna High Court Cr.Misc. No.23873 of 2018(2) dt.02-05-2018 3/3 Case No. 837 C of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T