Ram Brichh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60744 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Ram Brichh Rai son of Lal Babu Rai.

2. Suraj Rai son of Lal Babu Rai.

3. Ram Saresth Kumar, son of Lal Babu Rai.

Petitioner nos. 1 to 3 are resident of Village- Susta P.S.- Gaighat, District-Muzaffarpur.

4. Ram Sakal Rai, son of Laxhmi Rai, resident of Village- Hanuman Nagar, P.S.- Gaighat, District- Muzaffarpur.

5. Niras Rai @ Niras Yadav, son of Doma Rai, resident of Village- Gaighat, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Katra P.S. Case No. 71 of 2017 registered under Sections 365, 467, 468, 471, 420 and 120B of the Indian Penal Code. It is submitted that the entire allegations made in the FIR are absurd and unbelievable. The informant was fully aware

Patna High Court Cr.Misc. No.60744 of 2017 (2) dt.21-12-2017 that his son had executed the sale deed. He submitted that there is rebuttable presumption in law in respect of the bonafide of a registered deed. He submitted that the informant's son being in need of money executed the sale deed after receiving the full consideration and the story coined by the informant that some other person stood in place of his son at the time of execution is patently false.

On the other hand, learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-16-cum A.C.J.M.-15, Muzaffarpur in connection with Katra P.S. Case No. 71 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T