Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34988 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.
PREM KUMAR SON OF KRISHORE PRASAD SINHA R/O VILLAGEBABHAN BIGHA, P.S.- BARBIGHA, DISTRICT- SEKHPURA 2.
MD. TAUKIR AHAMAD SON OF LATE MD. ISLAM R/O MOHALLAPURANI SAHAR, WARD NO.-4, DAUDNAGAR, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD 3.
RAM LAGAN RAM SON OF LATE LOHARI RAM @ LOHADI RAM R/O VILLAGE- LABDNA, P.S. - OBRA, DISTRICT - AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
Mr. Bindeshwar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 341, 323, 467, 468 and 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that accused persons prepared a forged and fabricated sale deed in favour of accused no. 6 to 10
2/4 in the FIR and mutation was done in their name and on that basis they were claiming possession over the land in question. Further, the sale deed was not registered from the Registry Office rather was forged and based on such sale deed the land was mutated in the name of Dasrath Singh who had died 15 years ago. It is further alleged that based on forged sale deed dated 04.07.2019 executed in favour of Babloo Singh mutation was also done. It is alleged that on inquiry, the informant came to know that her father had never sold the land. It is further alleged that a Title Suit No. 74 of 2020 is pending in the Court of learned Sub-Judge-I, Aurangabad in which there is an order restraining sale and purchase during the pendency of the title suit but still the land was sold.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that petitioner no. 1 is the Circle Officer, petitioner no. 2 is the Circle Inspector and petitioner no. 3 is the Revenue Karamchari. It is next submitted that the present FIR arises out of a complaint and from perusal of the same, it would manifest that the complainant does not allege anything specific against the petitioners rather the allegation against them is general and omnibus in nature. It is also submitted that Kamla
3/4 Singh and Ambika Singh were own brothers and Kamla Singh had three daughters, namely, Munni Devi (informant), Sunaina Devi and Baby Devi and Ambika Singh had one son Om Prakash, as such, Om Prakash and the informant are own cousin brothers and sisters. It is next submitted that it was Om Prakash who had executed the sale deed being a co-sharer in the property based on which the present complaint case came to be instituted, as such, the dispute primarily is civil in nature and a title suit is already pending and if the order passed in the title suit has been breached then the informant has remedy of approaching the said Court and filing of a criminal case is definitely an abuse of the process of the Court. Learned A.P.P.
for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that already a title suit is pending and if the informant is aggrieved by execution of the sale deed then she has remedy of approaching the Civil Court and at the same time can also file a contempt petition in the title suit alleging breach of the order passed in the title suit.
4/4 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Aurangabad Mufassil P.S. Case No. 56 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T