Giriraj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27808 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Giriraj Singh, Son of Late Harishankar Singh Resident of Salempur, Beside Ganga Singh College, P.O.- Chapra, P.S.- Chapra Town ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Saran Town P.S. Case No.465 of 2018 for the offence punishable under Sections 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.
The allegation against the petitioner is that petitioner in connivance with one Shaila Devi on the basis of forged registered sale deed dated 23.03.1973 sold the land in favour of wife of the petitioner in 2005 whereas the informant had purchased the said land from the rightful owner who are the children of Rajpati Devi.
Mr. Ashhar Mustafa, learned counsel appearing for
Patna High Court CR. MISC. No.27808 of 2019(3) dt.07-08-2019 2/3 the petitioner submits that the allegation levelled against the petitioner is completely baseless and vague inasmuch as the wife of the petitioner had purchased a piece of land from Shaila Devi in 2005 in which the vendor, Shaila Devi had disclosed her title by registered sale deed dt. 23.03.1973. Learned counsel further submits that wife of the petitioner was a bona fide purchaser of the land based upon the document produced by Shaila Devi and the petitioner is not at all involved in creating or forging the document of sale deed as disclosed by the vendor of his wife Shaila Devi. Learned counsel further submits that similarly situated accused persons Rani Singh, wife of this petitioner has been granted bail by this Court in Cr. Misc. No.1411 of 1999.
After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that wife of the petitioner is bona fide purchaser of the piece of land from its vendor and there appears that dispute of title is pending pertaining to the subject land and further the wife of the petitioner has been granted bail by this Court, as such, I am inclined to grant anticipatory bail to all these petitioners.
Accordingly, the petitioner, above named, is directed
Patna High Court CR. MISC. No.27808 of 2019(3) dt.07-08-2019 3/3 to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran, Chapra, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T