Lalo Kunwar @ Sushila Kunwar And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.48118 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48118 of 2017 Arising Out of PS.Case No. -1164 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Lalo Kunwar @ Sushila Kunwar, W/o Late Bhagwan Choudhary.

2. Dabalu Choudhary @ Sunil Choudhary @ Sunil.

3. Bablu Choudhary @ Sushil Kumar, Both Sons of Late Bhagwan Choudhary, All R/o Dadawa, P.S.-Mohania, District-Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar

2. Madan Prasad Keshri, S/o Late Heera Sah, All R/o Dadawa, P.S.- Mohania, District-Kaimur (Bhabua).

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1164 of 2016, registered under Sections 406, 420, 341, 323, 504, 506 and 120(B) of the Indian Penal Code. The allegation of informant is that, on 05.06.2008, Bhagwan Choudhary, husband of petitioner no. 1, sold his land measuring 2 1⁄2 decimal to him on consideration amount of Rs.98,000/-.

Thereafter, Bhagwan Choudahry died.

On 14.09.2016, when he reached at his land to construct his house then Jagdish Rai and Rukmini Devi reached there and told that the said land was purchased by them from Bhagwan Choudhary and

Patna High Court Cr.Misc. No.48118 of 2017 (2) dt.13-10-2017 also showing the registered sale deed. Thereafter, he went at the house of the informant then petitioners become annoyed and started to abuse him.

Learned counsel for the petitioner submits that it would appear from the complaint petition that sale deed was executed in respect to 2 1⁄2 decimal by Bhagwan Choudhary, husband of petitioner no. 1 and father of petitioner nos. 2 and 3 and they have no role in execution of the sale deed, only it has come that at the time of negotiation, petitioner no. 1 was present there and consideration money was handed over to petitioner no. 1.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Complaint Case No. 1164 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T