Ram Lakshman Singh @ Lakshman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1606 of 2017 Arising Out of PS.Case No. -38 Year- 2014 Thana -SALIMPUR District- PATNA ======================================================

1. Ram Lakshman Singh @ Lakshman Singh, S/O Late Pokhan Singh, resident of village - Narauli, P.S. - Salimpur, Bakhtiyarpur, DistrictPatna .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-01-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Salimpur P.S. Case No.38 of 2014 instituted for the offence under Section(s) 467, 420, 120-B Indian Penal Code. It is alleged in the Complaint Petition, which was sent to the P.S. under Section 156(3) Cr. P. C., that a plot of land measuring 66 decimal situated in village Adampur, Narauli, P.S.- Bakhtiyarpur, Khesra No.432 and Khata No.54 had been sold in favour of Gobardhan Singh on 23.06.1952. Jamabandi of the aforesaid land was earlier created in the name of Shree Thakur Radha Krishan Mandir in the sherista of Government of Bihar. The complainant learnt that the said Dharmasthal has been

Patna High Court Cr.Misc. No.1606 of 2017 (2) dt.18-01-2017 2/2 illegally sold by the petitioner. The petitioner executed the sale deed in favour of accused Nos.2, 3 and 4, whose names have been given in the Complaint Petition.

It has been submitted that the aforesaid land is his ancestral land and he has rightly executed the sale deed. Be that as it may, from the nature of allegation made in the Complaint Petition, it is purely a case of civil dispute and civil remedy is available to the Informant.

In the circumstances, prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Salimpur P.S. Case No.38 of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Barh, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T