Dipak Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47777 of 2023 Arising Out of PS. Case No.-808 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Dipak Tiwary S/O Late Nageshwar Prasad Tiwary R/O Village- Sharda Nagar Koat Bazar, Ward No. 16, Sitamarhi, P.S And Distt.- Sitamarhi. 2.

Manish Tiwary S/O Late Nageshwar Prasad Tiwary R/O Village- Sharda Nagar Koat Bazar, Ward No. 16, Sitamarhi, P.S And Distt.- Sitamarhi. 3.

Must. Madhu Tiwary W/O Late Dharmendra Prasad Tiwary R/O VillageSharda Nagar Koat Bazar, Ward No. 16, Sitamarhi, P.S And Distt.- Sitamarhi.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

Vindeshwar Sah S/O Harishchandra Sah R/O Village- Chandi Rajwara, P.SBela, Distt.- Sitamarhi. A/P Mohalla- Mahaveer Nagar, Koat Bazar, Ward No. 14, New, Sitamarhi, P.S and Distt.- Sitamarhi. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Dinesh Jha, Advocate For the Opposite Parties :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Complaint Case No. C1/808/2021, instituted for the offence punishable under Sections 406, 417 and 418/34 of the Indian Penal Code.

3. The case of prosecution, in short, is that the accused persons have committed cheating and forgery by executing false sale deed in favour of the complainant.

Patna High Court CR. MISC. No.47777 of 2023(2) dt.11-08-2023 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. It is submitted that the land was sold by the petitioner Nos. 1, 2 and 3, in which petitioner Nos. 1 and 2 are the sons of the Nageshwar Tiwary and petitioner No. 3 is the daughter of the Nagendra Tiwary. It is submitted that the said land, in question, is ancestral property of the petitioners. The khatiyan of the said land was prepared in the name of Gopal Tiwary, Nageshwar Tiwary and Nagendra Tiwary. It is further submitted that the Jamabandi was also created in their favour and the rent receipt was also issued to them. Further, it is submitted that as per the allegation levelled against the petitioners the land in question got sold in the year 2019 and after two years the instant case has been filed. It is further submitted that the matter relates to land dispute. Lastly, it has been submitted that they have no criminal antecedents

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Complaint Case

Patna High Court CR. MISC. No.47777 of 2023(2) dt.11-08-2023 3/3 No. C1/808/2021, they shall be released on anticipatory 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 C.J.M., Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Shanu/- U T