Jagdish Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77740 of 2018 Arising Out of PS. Case No.-2871 Year-2015 Thana- COMPLAINT CASE District- Araria ======================================================

1. Jagdish Sah Son of Late Chetu Sah

2. Bhola Sah Son of Late Chetu Sah

3. Suresh Sah Son of Jagdish Sah All Resident of Village- Kankhudia Tola Dhantola P.S. Palasi, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jagdish Mistry, son of Late Tinkauri Miatry, resident of village- Kankhudia, P.S.- Palasi, District- Araria.

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 The petitioners apprehend their arrest in connection with Complaint Case No. 2871 of 2015 registered under Sections 120B, 307, 323, 354, 379, 384, 420, 467, 468 and 504 of the Indian penal Code.

Allegation, as per the complaint petition, is that complainant purchased the land from the petitioner nos. 1 and 2 in the year 2008 but later on she came to know that land does not belong to the petitioners. Thereafter, several panchayati were held but they did not execute any sale deed with respect to any land.

Submission of learned counsel for the petitioners is that admittedly, land was purchased by the complainant in the year

Patna High Court Cr.Misc. No.77740 of 2018(2) dt.02-01-2019 2/2 2008 but this case has been lodged after 08 years of execution of the sale deed and the case is in the nature of civil dispute. Petitioner no. 3 is son of petitioner no. 1 and petitioners have no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Mr. Ashish Ranjan, J.M., 1st Class, Araria in connection with Complaint Case No. 2871 of 2015; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T