Anil Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55521 of 2017 Arising Out of PS.Case No. -1260 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Anil Kumar Sharma, S/o Late Kamldev Mistri, R/o Village- Teldiha, P.S.- Tikapatti, District- Purnea.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Most. Sudha Devi, W/o Late Kamaldev Mistri, R/o Village- Teldiha, P.S.- Tikapatti, District- Purnea. Presently R/o Village- Gharai, P.s.- Mirganj, District- Purnea.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Shailesh Kumar, Adv. For the Opposite Parties : Mr. Satya Nand Shukla, APP 130 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1260 of 2015 registered under Sections 323, 379, 420, 467, 468, 504 and 120 of the Indian Penal Code. The complainant is the mother of the petitioner. The complainant alleged that the petitioner got the lands mutated in his name and in the name of his brother showing the complainant dead.

The learned counsel for the petitioner submits that the true facts are that there was Panchayati for partition of the properties. The petitioner and his brothers along with their mother, Sudha Devi, the complainant, put their signatures and thumb impression on the partition deed. On the partition document other witnesses have also put their signatures. On the basis of the aforesaid partitioned document, names were mutated.

Patna High Court Cr.Misc. No.55521 of 2017 (2) dt.12-12-2017 2/2 The mother filed mutation appeal, which was allowed and the case was remitted to the Circle Officer to hear and pass order, afresh, in accordance with law. It appears that the dispute is of civil nature. The petitioner is non-else than the son of the complainant. Considering the facts, aforesaid, the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1260 of 2015 to the satisfaction of Chief Judicial Magistrate, Purnia, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √