Girish Kumar @ Girish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35942 of 2023 Arising Out of PS. Case No.-1333 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.
Girish Kumar @ Girish Kumar Singh Son of Late Braj Kishore Prasad Singh Resident of East Buddha Colony, Chapra Niwas, Near Krishna Niketan School, P.S. - Budha Colony, Distt. - Patna 2.
Purendra Prasad Singh Son of Late Ram Sohag Singh Resident of Mohalla - Najirpur, P.S. - Ahiyapur, distt. - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanyukta Kumari Wife of Bhaweshanand Rai Resident of Manjhli Chowk, Chunapur Road, P.S. - K. Hat, Distt. - Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
Mr. Anuraj Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2023 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 199, 204, 420, 467, 468, 120(B)/34 of the Indian Penal Code.
3. It is alleged that these petitioners, in conspiracy with other accused persons, committed forgery with the complainant.
4. It is submitted on behalf of the petitioners that the present case arises on account of civil dispute and Title Suit No. 17 of 2017 is pending between the parties before the Civil
Patna High Court CR. MISC. No.35942 of 2023(3) dt.09-08-2023 2/3 Court, Purnea with regard to land in question. The land in question was purchased by Braj Kishore (father of petitioner No. 1) in the year 1950 and during the revisional survey the above land recorded in the name of father of the petitioner No. 1 and accordingly, mutation was also made in favour of the father of petitioner No. 1. After some time, on the basis of forged Panchnama Batwara Patra, mother and brother of the complainant executed the land of the father of petitioner No. 1 in the name of complainant. There is no specific allegation against petitioner No. 2 and he is co-sharer of the complainant and as such, no offence under Sections 406, 420 and 467 of the Indian Penal Code is made out against the petitioners. Petitioners have got clean antecedent.
5. Learned counsel for the informant opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.35942 of 2023(3) dt.09-08-2023 3/3 Purnea in connection with Complaint Case No. 1333 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T