Kumar Mritunjay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37676 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
KUMAR MRITUNJAY SON OF SHRI KAMESHWAR SINGH R/ORATU BIGHA, P.O.- DALMIYANAGAR, P.S.-DEHRI (T), DIST.- ROHTAS (BIHAR)-821305 2.
RAJ KUMAR SON OF SHRI BIRENDRA PRASAD R/O- WARD NO. 17, WEST MOHAN BIGHA, P.O.- DALMIYANAGAR, P.S.- DEHRI (T), DIST.- ROHTAS (BIHAR)-821307 3.
RAJESH KUMAR SON OF SHRI SATYANARAYAN SINGH R/O- VILLMADHURAMPUR, P.O.- AKORHIGOLA, P.S.- AKORHIGOLA, DIST.- ROHTAS (BIHAR)-821301 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
VIMALA DEVI WIFE OF SHRI BIRENDRA SINGH @BHARAT SINGH R/O- VILL- DAHAUR, P.O.- PAHLEZA, P.S.- DEHRI (M), DIST.- ROHTAS (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Mohan Murari For the Opposite Party/s :
Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.
Learned counsel for the petitioners is directed to remove the defects within four weeks.
The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 448, 420, 467, 468, 504, 506, 34 of IPC.
Allegedly, the husband of the informant executed a sale deed and the land has been mutated with the Circle office and
Patna High Court CR. MISC. No.37676 of 2022(2) dt.22-11-2022 2/3 the rent for the year 2021-2022 has been paid. The full sister of the informant has executed the alleged land fraudulently by registered three sale-deed in favour of the petitioners, by producing forged IDs.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners. He further submits that a title suit bearing title suit no.736/2021 is pending between the parties. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the matter is of civil nature, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the
Patna High Court CR. MISC. No.37676 of 2022(2) dt.22-11-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Dehri (M) P.S. Case No.111 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T