Usha Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61637 of 2017 Arising Out of PS.Case No. -1119 Year- 2016 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ======================================================

1. Usha Singh, W/o Umesh Prasad Singh,

2. Umesh Prasad Singh S/o Late Vishwanath Singh,

3. Prem Singh S/o Late Vishwanath Singh, All are R/o Phulwaria, P.S.- Phulwariya, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kishore Prasad Singh S/o Late Baldeo Singh, R/o Fulwaria-3 Ward no.2, P.S.- Fulwaria, District- Begusarai.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Complaint case no. 1119(C) of 2016 registered for the offences punishable under Section 120(B), 420, 457, 468, 471, 323, 504/34 of the Indian Penal Code.

The complainant alleged that his father executed a sale deed in favour of the petitioners but the petitioners made interpolations in the sale deed with regard to the area of the land sold in favour of the petitioners and instead of 5 laghi, it was made 20 laghi. Learned counsel for the petitioners submits that the complainant

Patna High Court Cr.Misc. No.61637 of 2017 (3) dt.10-01-2018 2/2 has admitted that the petitioners purchased five katha of land from the father of the complainant in the year 1984. If any interpolation is made, it makes no difference as the original copy of the sale deed is the primary evidence for execution of sale. The dispute is of civil nature.

It is further submitted that as far as the petitioners are concerned, they are witness to the alleged sale deed. It is also submitted that co-accused persons have been granted bail by this Court by an order dated 11.01.2017 passed in Cr. Misc. No. 55585 of 2016.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Teghra, Begusarai in connection with Complaint case no. 1119C of 2016, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T