Bhola Prasad Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31630 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Bhola Prasad Nirala Son of Ram Bilash Mahto Resident of Vill. Nagdah, Ward no. 11, P.S.- Muffasil(O.P. Singhaul), Dist.- Begusarai 2.

Ram Manohar Kumar s/o Ram Bilash Mahto Resident of Vill. Nagdah, Ward no. 11, P.S.- Muffasil(O.P. Singhaul), Dist.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Bilash Mahto Son of Late Nunulal Mahto R/O Nagdah Ward No.- 11, P.S.- Muffasil, Dist.- Begusarai. Presently Residing - At Mohall.- Krishnapuri in the house of Gajju babu of Badalpura, P.S.- Town, Dist.- Begusarai.

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420, 120B, 417, 467, 468 and 34 of the Indian Penal Code.

3. The case of the complainant, in brief, is that these two petitioners, who are sons of complainant, ousted the complainant from his house and thereafter, mutated the land of the complainant in their favour, by way of misrepresenting and

Patna High Court CR. MISC. No.31630 of 2024(2) dt.21-05-2024 2/3 declaring the complainant and his wife dead.

4. Learned counsel for the petitioners submits that petitioners are own sons of the complainant and due to petty family dispute, this false and concocted complaint case has been lodged. As a matter of fact, the mother of the petitioners died on 19.07.2007 and thereafter, the complainant started residing with a lady namely Anita Devi, who was having matrimonial dispute with her own husband, and later on, the complainant, who is father of petitioners, started destroying the property, for which, a panchayati was held, in which, the complainant did not turn up, as a result of which, the dispute arose between the parties. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, 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 learned Judicial Magistrate 1st Class, Begusarai in connection with Complaint Case No. 203 of 2023, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.31630 of 2024(2) dt.21-05-2024 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T