Kushum Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55535 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Kushum Devi, Wife of Late Lal Narayan Singh,
2. Rajesh Singh,
3. Santosh Singh, Both sons of Late Lal Narayan Singh,
4. Bikku Singh, Son of Rajesh Singh, All resident of Village- Narauli, P.O.- Karouta, P.S.- Salimpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Dayanand Singh, Son of Saryug Singh, resident of Village- Narauli, P.O.- Karouta, P.S.- Salimpur, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 310 C of 2016 instituted for the offence under Sections-323, 420 of the Indian Penal Code.
It is alleged in the complaint that on 08-02-2016, petitioner Nos. 1 to 4 sold land of the share of the complainant as mentioned in the complaint petition to different persons. Two purchasers are also accused Nos. 6 & 7.
Counsel for petitioners has submitted that they were bona fide owners of the land. The dispute arose because the complainant is a land broker and the complainant sold the land with some other persons
Patna High Court Cr.Misc. No.55535 of 2017 (2) dt.22-11-2017 2/2 which the complainant did not approve.
Accordingly, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 310 C of 2016 to the satisfaction of learned Judicial Magistrate-Ist Class, Barh, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.