Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39528 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- ITARHI District- Buxar ====================================================== Manish Kumar S/O Bhim Singh R/O P. C College Buxar, P.S- Buxar (Mufassil), Distt.- Buxar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Itarhi P. S. Case No. 266 of 2023 dated 01.12.2023, instituted for the offence punishable under Sections 420, 120(B), 467, and 468 of the Indian Penal Code.
3. The informant has alleged that his younger daughter Nirasha Devi co-accused of this case executed a sale deed on 30.06.2023 in favour of Surendra Singh by showing that the informant is dead while he is alive and his wife is alive and his elder daughter is also alive, but the same has been suppressed and the sale deed has been executed wrongly to defraud him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39528 of 2024(3) dt.23-08-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is witness to the sale deed executed by Nirasha Devi in favour of Surendra Singh. There is civil dispute between the parties. It is submitted that coaccused, namely, Nirasha Devi and Surendra Singh have also filed a Title Suit No. 572 of 2023 against the informant and his vendee, namely, Madhuri Devi, in which, the present informant sold the share of his daughters. It is submitted that present informant has already executed a sale deed in favour of of one Madhuri Devi on 19-06-2023 having total area of 99.16 decimals including the share of his two daughters, namely, Asha Devi and Nirasha Devi. Further, it is submitted that Nirasha Devi (Vendor), Surendra Singh (purchaser) and Ram Sagar Singh, who is witness to the sale deed, have been granted anticipatory bail by this Court vide order dated 20-07-2024 passed in Cr. Misc. No. 44005 of 2024.Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A. P. P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within
Patna High Court CR. MISC. No.39528 of 2024(3) dt.23-08-2024 3/3 six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar, in Itarhi PS Case No. 266 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure,1973.
(Khatim Reza, J) shyambihari/- U T