Bipat Choudhary And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35167 of 2018 ======================================================
1. Bipat Choudhary, Son of Late Mabaveer Choudhary,
2. Fulwa Davi, Wife of Bipat Choudhary, Both resident of VillageBaitarni Tank, P.S.- Civil Line District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Chinta Devi, Wife of Yamuna Choudhary, Resident of Village- Baitarni Tank Mangla Gauri Road, P.S.- Civil Line, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2018 Heard both sides.
The petitioners apprehend their arrest in complaint case No. 1591 of 2016 under Sections 323, 420, 406, 120B and 504 of the Indian Penal Code.
The complainant alleged in the complaint petition that Nathun Chaudhary adopted her and many lands are standing the name of her father Nathun Chaudhary but Nand Kishore Chaudhary by impersonating him as grand son of Nathun Chaudhary executed sale deed in favour of Geeta Devi with regard to 1122 sq. feet of land. It is alleged that petitioners conspired with Nand Kishore Chaudhary.
The learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.35167 of 2018 (2) dt.04-07-2018 2/2 complainant has also filed a title suit. The complainant did not allege any specific role against the petitioner in acquisition of the sale deed by Nand Kishore Chaudhary in favour of Geeta Devi. Taking into consideration the facts that disputes appears to be civil in nature and no specific act is attributed to the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Miss. Swati Singh, Judicial Magistrate-Ist Class Gaya, in connection with complaint case No. 1591 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/Rajan U T