Ajit Kumar @ Ajit Kumar Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.28833 of 2017 (3) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28833 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Ajit Kumar @ Ajit Kumar Singh Son of Sri Ram Sarikhan Singh @ Ram Sarikhan Thakur

2. Seema Devi Wife of Sri Ajit Kumar @ Ajit Kumar Singh

3. Pramila Devi @ Parmila Devi Wife of Sri Ram Sarikhan Singh @ Ram Sarikhan Thakur All residents of Village - Madhaul, P.S. - Kudhani (Turki O.P.), District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kudhani (Turki O.P.) Police Station Case No. 57 of 2017, disclosing offences under Sections 420, 406, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is dispute, which appears to be civil in nature, between the parties for execution of sale deed with respect to a piece of land.

Patna High Court Cr.Misc. No.28833 of 2017 (3) dt.21-07-2017 Moreover, the occurrence relates to the year 2013 but the complaint has been filed in the year 2017 after lapse of four years, which creates doubt on the prosecution version and since the matter relates to a civil dispute, no criminal accountability lies on the part of the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Judicial Magistrate-1st, Class, Muzaffarpur in connection with Kudhani (Turki O.P.) Police Station Case No. 57 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T