Arbind Dubey @Arbind Kumar Dubey And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22143 of 2015 Arising Out of PS.Case No. -624 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Arbind Dubey @Arbind Kumar Dubey Son of Late Mathura Dubey
2. Sanjay Singh Son of Late Rajaram Singh Both are resident of village - Baghawa Mishr, P.S. Bhore, Distt. - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar
2. Basanti Kuer Wife of Late Hira Dubey resident of village - Semrauna, P.S. Bhore, District - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 420/34 of the Indian Penal Code. The prosecution story, in brief, is that the accused persons induced her to provide economical aid from the government because the government is providing money to widow, women and they took her to Mirganj for preparing required documents for such purpose They took her thumb impression on several plain and stamp papers and they sent her back assuring that she would get the economical grant within one week. After one week when the complainant remembered accused
Patna High Court Cr.Misc. No.22143 of 2015 (3) dt.20-07-2015 2/3 persons for such grant, they asked her to give more time. In the meantime the accused persons started to say in the village that they have got executed Bainama in their favour in respect of land of the complainant The complainant took copy of so called Bainama then it was detected that the accused persons by committing fraud and forgery have got executed a sale deed in respect of 16 kathas 10 dhur of land of the complainant. The accused persons accepted to return the land but later on they refused to do so.
On behalf of the petitioners it has been submitted that the petitioners have got no criminal antecedent. Further it has been submitted that there is land dispute between the parties for which the complainant has filed Title Suit No. 980 of 2014 in the court below. By way of supplementary affidavit the petitioners have got sale deed, which indicates that the complainant has received entire consideration money of the said land. On behalf of the State, it has been submitted that the petitioners are named in the complaint petition. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two
Patna High Court Cr.Misc. No.22143 of 2015 (3) dt.20-07-2015 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sri Ashish Mishra, Gopalganj, in Complaint Case no. 624 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T