Nagendra Lal Dutta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44853 of 2019 Arising Out of PS. Case No.-2171 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Nagendra Lal Dutta, Aged about 71 years, Male, Son of Late Hari Nandan Lal Dutta, Resident of Village Hatha Madhepur, P.S. Piar, District Muzaffarpur 2.

Harikant Jha, Aged about 54 years, Male, Son of Late Subodh Jha Resident of Village - Hatha Madhepur, P.S.- Piar, District - Muzaffarpur 3.

Shambhu Sahni, Aged about 43 years, Male, Son of Ram Sagar Sahni Resident of Village - Hatha Madhepur, P.S.- Piar, District - Muzaffarpur 4.

Yoganand Thakur, Aged about 53 years, Male, Son of Ram Shreshtha Thakur, Resident of Village - Patsara, P.S.- Piar, District - Muzaffarpur 5.

Kailash Sahni, Aged about 38 years, Male, Son of Ram Sagar Sahni Resident of Village - Hatha Madhepur, P.S.- Piar, District - Muzaffarpur 6.

Keshwar Sahni, Aged about 35 years, Male, Son of Ram Sagar Sahni Resident of Village - Hatha Madhepur, P.S.- Piar, District - Muzaffarpur 7.

Ram Sagar Sahni, Aged about 77 years, Male, Son of Late Lochan Sahni Resident of Village - Hatha Madhepur, P.S.- Piar, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Kumar Lal, Aged about 55 years, Male, Son of Late Rajendra Lal Resident of Village - Hatha, P.S.- Piar, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.2171 of 2016 for the offences allegedly committed by the petitioners under Sections 467, 468 and 471 of the Indian Penal Code.

Chandra Kumari Devi, the mother of the complainant got

Patna High Court CR. MISC. No.44853 of 2019(2) dt.22-07-2019 2/2 the land of Plot No.2073, Khata No.1313 from her grandfather, namely, Bachnu Lal but Nagendra Lal Dutta, petitioner no.1 in collusion with other petitioners executed the sale deed on 06.09.2016 with regard to 7 decimals of land of the aforesaid plot in favour of Ram Sagar Sahni.

Learned counsel for the petitioners submits that in fact the aforesaid land was recorded in the name of Hari Nandan Lal Dutta, the father of Nagendra Lal Dutta and grandfather of Ashok Kumar Lal, the complainant. The complainant is nephew of petitioner no.1. Petitioner no.1 inherited the property from his father and bonafidely executed the sale deed.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 the learned Sub-Judge-XIII-cum-ACJMIV, Muzaffarpur in connection with Complaint Case No.2171/2016 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T