Nagendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15224 of 2017 Arising out of PS.Case No. -18 Year- 2017 Thana -Bettiah City District- West Champaran (Bettiah) ======================================================

1. Nagendra Sah, son of Lagtu Sah

2. Meera Devi, wife of Shri Nagendra Sah Both are resident of village- Mohachhi Nain, P.S.- Gopalpur, DistrictWest Champaran.

3. Madan Sharma, son of late Banshi Sharma, resident of villageMohachhi Sudhar, P.S.-Gopalpur, District- West Champaran.

4. Kapildeo Sah, son of late Shivnath Sah, resident of village- Khadda, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Bettiah Town P. S. Case No. 18 of 2017 instituted under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. The allegation, in brief, is that three Katthas of land were sold by one Hari Om Prasad in favour of Meera Devi, petitioner no. 2.

Learned counsel for the petitioners submits that petitioner no. 2, who is the purchaser of the land, is the wife of petitioner no. 1 and rest two petitioners are witnesses on the sale

Patna High Court Cr.Misc. No.15224 of 2017 (2) dt.12-04-2017 2/2 deed and the petitioner no. 2 purchased the land in question from one Hari Om Prasad @ Hariom Shahi, who is step brother of the complainant's father and it is not the case that he has impersonated the complainant so the dispute is of civil nature and the petitioner no. 2, after paying consideration money, has purchased the land. Having considered the aforesaid facts and circumstances, let the petitioners, namely, Nagendra Sah, Meera Devi, Madan Sharma and Kapildeo Sah, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, DistrictWest Champaran in connection with Bettiah Town P.S.Case No.18 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U