Surendra Kishore Jha And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.7971 of 2015 (2) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7971 of 2015 Arising Out of PS.Case No. -227 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Surendra Kishore Jha Son of late Sarveshwar Jha

2. Sirith Mukhiya Son of Sahdeo Mukhiya

3. Panchanand Mukhiya Son of Pirit Mukhiya

4. Parmanand Mukhiya Son of Pirit Mukhiya

5. Ramayan Mukhiya Son of Sohan Mukhiya

6. Dasai Mukhiya Son of Late Rampukar Mukhiya

7. Mahesh Mukhiya Son of Sheoraj Mukhiya

8. Dildar Mukhiya Son of late Sahdeo Mukhiya.

9. Arjun Mukhiya Son of late Rajendra Mukhiya

10. Mahendra Mukhiya Son of Suraj Mukhiya

11. Anil Mukhiya Son of Nagendra Mukhiya

12. Hori Mukhiya @ Horil Mukhiya Son of Nagendra Mukhiya

13. Girdhari Paswan @ Giridhari Paswan Son of Harihar Paswan

14. Viranjan Paswan Son of Girdhari Paswan.

15. Mukesh Paswan Son of Girdhari Paswan

16. Sonelal Mukhiya Son of Munnilal Mukhiya

17. Munnilal Mukhiya Son of Ramangya Mukhiya

18. Janak Dulari Devi Wife of Gorakh Mukhiya

19. Raj Kumar Mukhiya Son of Dasai Mukhiya

20. Sona Devi wife of Jhaman Mukhiya All residents of Village- Barharwa Siwan, P.S. - Dhaka, District- East Champaran.

21. Rameshwar Jha Son of Bhola Jha

22. Jhaman Mukhiya Son of Sobhan Mukhiya Both resident of Village- Barharwa Siwan, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Kaushalesh Kumar S/o late Umesh Prasad resident of village- Barharwa, Siwan, P.S.- Dhaka, District- East Champaran. .. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.03.2015 Power is filed on behalf of the complainant.

Heard learned counsel for the petitioners, learned Addl.

Patna High Court Cr.Misc. No.7971 of 2015 (2) dt.02-03-2015 Public Prosecutor for the State as well as learned counsel for the complainant.

Petitioners apprehend their arrest in connection with Complaint case no. C-227/2013 in which cognizance has been taken under sections 147, 420, 467, 468, 504 and 506 of the IPC. The accusation against petitioner no.1 is that he executed sale deed in respect of land of the complainant and so far as petitioner nos.2 to 22 are concerned, they participated in execution of the aforesaid sale deed.

At para 7 of the petition, it has specifically been averred that the land in question was purchased by mother of petitioner no.1 through registered sale deed dated 29.12.1981 and subsequently, petitioner no.1, being legal heir of his mother, executed sale deed. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahna at Motihari, East Champaran in trial no. 5135/2014 arising out of Complaint case no. C-227/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T