Bhoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33706 of 2019 Arising Out of PS. Case No.-690 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Bhoj Sah aged about 55 years (M), son of late Mohan Sah, resident of village Bharpatia, P.s. Bettiah Mufassil (Manuapul), Dist. West Champaran. ... ... Petitioner/s

Versus

The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Bettiah Mufassil (Manuapul) P.S. Case No. 690 of 2018 registered for the offences under Sections 341,447,427,420,406 and 506 of the Indian Penal Code.

As per the allegations made in the FIR, it is alleged by the informant that her two brothers took away a sum of Rs. 4 lacs on promise to give her certain piece of land. However, subsequently they did not keep their promise. It is alleged that she had given a sum of Rs. 4 lacs after selling a piece of land in her Sasural.

It is submitted by learned APP appearing for the State that the informant happens to be the sister of the petitioner who cheated her of a total sum of Rs. 4 lacs.

Patna High Court CR. MISC. No.33706 of 2019(2) dt.28-05-2019 2/2 On perusal of the records of the case, it transpires that the dispute primarily relates to ancestral property left behind by the Father of the informant and the petitioner who happens to be brother and sister. It also transpires that the brother of the petitioner had also lodged one Mufassil (Manuapul) P.S. Case no. 691 of 2018 against the husband and two sons of the informant due to land dispute.

Having heard the learned counsel for the petitioner and the learned APP for the State, in view of the facts and circumstances stated herein above, I am inclined to enlarge the petitioner on bail. Let the petitioner namely, Bhoj Sah surrender in the Court below within six weeks from today. In case of his arrest or surrender, the petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Mufassil (Manuapul) P.S. Case No. 690 of 2018 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U