Ram Gopal Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47214 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Ram Gopal Prasad, Son of Late Kishun Sao,

2. Kiran Devi, W/o Ram Gopal Prasad

3. Shailendra Kumar, Son of Late Bhagwat Singh Petitioner No. 1 to 3 are resident of Village- Barsa, P.S.- Ariari, DistrictSheikhpura.

4. Vickky Anand, Son of Chando Mistri

5. Namita Devi, W/o Vickky Anand Petitioner No. 4 and 5 are resident of Mohalla- Khandpar, P.S. + District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Saiyad Umerdaraz, Son of Late Abu Mozaffar, resident of Village- Katni Kole, P.S. + District- Sheikhpura.

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

For the Petitioner/s : Mr. Arun Kumar For the State : Mr. U.L. Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-11-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 41C/2016 registered for the offences punishable under Sections 420/467/468/469/471/34 and 120(B) of the Indian Penal Code.

It appears that the sale had been gone into in which the petitioners were the purchasers from one co-accused, namely, Aaisha Khatoon which is dated 18.07.1983. Subsequently, it appears that one Jamal Ahmad and Parveen Fatima also sold the

Patna High Court Cr.Misc. No.47214 of 2016 (2) dt.10-11-2016 P2/2 same land to another purchaser. As such, the present dispute. Having heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State, it appears that the present dispute is purely of civil nature. If, at all, the complainant was aggrieved, he ought to have approached the Court of competent jurisdiction for having his title adjudicated and issue resolved under appropriate proceeding.

In view of such facts and circumstances, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Class, Sheikhpura in connection with Complaint Case No. 41C/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T