Shri Narayan Prasad @ Jhulan Prasad Gupta And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24701 of 2015 Arising Out of PS.Case No. -262 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shri Narayan Prasad @ Jhulan Prasad Gupta son of Mahendra Prasad Gupta

2. Kumari Anju @ Kumari Manju w/o shri Narayan Prasad @ Jhulan Prasad Gupta Both residents of village - Laxmipur, P.S. - Lakhaura (Muffasil Motihari), District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Aftab Ajam Khan @ Bholi Khan son of Nejamuddin Khan resident of village - Baniyapatti, P.S. - Motihari Town.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Motihari Town P.S. Case No. 262 of 2014 registered for the offence under Sections-406, 420, 467, 468, 471, 120-B of the Indian Penal Code.

It is alleged that petitioners did not execute registered sale deed even after taking consideration money for the same.

Even if, the prosecution story assumed to be true,

Patna High Court Cr.Misc. No.24701 of 2015 (2) dt.14-07-2015 2/2 then also, in my view, the fact of the present case, constitutes a dispute of civil nature.

Accordingly, it is ordered that in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioners named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Motihari Town P.S. Case No. 262 of 2014 to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T