Ashok Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16826 of 2016 Arising Out of PS.Case No. -1631 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Ashok Kumar Singh .... .... Petitioner/s

Versus

1. State of Bihar,

2. Mahendra Rai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Hriday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 420,467,471and 120B of the Indian Penal Code.

The prosecution case is that the complainant being a retired teacher purchased 2 katha 5 dhurs of land in his name and 10 dhurs of land in the name of his daughter Sudha Devi as both were residing together. Subsequently, the complainant was asked to vacate the land on which the complainant constructed house and when the complainant went to Circle Officer he found that the Jamabandi has been created in the names of Mandavi Devi and Nilu Devi, Ranjana Devi and Sudha Devi, the daughter and daughters in law of the complainant. The petitioner was, at the

Patna High Court Cr.Misc. No.16826 of 2016 (2) dt.20-04-2016 2/2 relevant time, Circle Inspector.

It is submitted by the learned counsel for the petitioners that even if on the basis of forged documents the mutation was recorded, that order was amenable to be challenged before the court of law. More over, the order of mutation was passed by the Circle Officer and in the background of partition dispute the accusation has been levelled.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Complaint Case No. 1631 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T