Arun Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8550 of 2015 Arising Out of PS.Case No. -404 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Arun Yadav son of Shri Jiut Yadav resident of village - Ramnagar Bankat Tola Nanosati, Police Station - Majhaulia, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rana Dilip Singh son of Shri Raja Vijay Singh resident of Bettiah Ujjain Tola Dakbunglow Road, Police Station - Bettiah Town, District - West Champaran.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-03-2015 Supplementary affidavit is filed on behalf of the petitioner and similarly, counter affidavit is filed on behalf of opposite party No. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Bettiah Town P.S. Case No. 404 of 2014 registered under Sections-420, 406, 467, 468, 471, 386, 120(B) of the Indian Penal Code.

The petitioner claims that he purchased two Dhurs land of plot No. 440 from one Ramjhari Devi who happens to be

Patna High Court Cr.Misc. No.8550 of 2015 (3) dt.12-03-2015 2/2 daughter of Bhola Raut and the claim of opposite party No. 2 is that he as well as his other family members had purchased 9 Katha 18 Dhurs of land from sons of aforesaid Bhola Raut in the year, 1980. There is no dispute that the daughter had also share in the property of her father. Therefore, it appears to me that it is a case of civil dispute.

Accordingly, the petitioner, named above, in the event of arrest or surrender in the court below within four weeks from today, 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 Bettiah Town P.S. Case No. 404 of 2014 to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T