Kedar Rajak And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35313 of 2015 (4) dt.03-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35313 of 2015 Arising Out of PS.Case No. -1556 Year- 2014 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Kedar Rajak son of late Ram Prasad Rajak

2. Ajay Rajak son of late Brahmdeo Rajak both are residents of village - Kopa, Police Station - Sonvarsa Raj, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Narsingh Rajak S/o late Ram Prasad Rajak resident of Mohalla - Kayastha Tola (Near Shiv Mandir), P.S. Sadar Saharsa, District - Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioners and learned counsel for the Opposite party no. 2.

Learned counsel for the State is present.

The petitioners apprehend their arrest in connection with Complaint Case No. 1556C of 2014 registered for the offences punishable under Sections 420, 467, 468, 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the complainant is own brother of the present petitioners and some money had changed hands for execution of sale deed but when the same was not done by the petitioners, a Panchayti was held. It is further submitted that the dispute relates to sale and purchase of land and the same can be resolved by a court of competent

Patna High Court Cr.Misc. No.35313 of 2015 (4) dt.03-12-2015 jurisdiction by filing a case of appropriate nature. Learned counsel for the complainant-opposite party no. 2 submits that the forgery has been committed by the petitioner which is a matter of serious nature involving penal action. Considering the aforesaid facts and circumstances of the case, let the 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/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 1556C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that the petitioners shall present themselves before the Court below so that the case may reach its own logical conclusion. If the petitioners absent themselves on the two consecutive dates or cause any hindrance, it shall be open for the complainant (opposite party no. 2) herein to seek appropriate remedy in accordance with law.