Rajendra Rai And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23840 of 2015 Arising Out of PS.Case No. -2477 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== 1.
Rajendra Rai, son of Late Mishri Rai.
2.
Lalo Rai, son of Rajendra Rai.
3.
Mithun Rai, son of Fulena Rai.
All are residents of village- Narayan Pipar, P.S.-Khodawanpur, District- Begusarai.
.... .... Petitioners
Versus
1.
The State of Bihar.
2.
Mostt. Kusma Devi, wife of late Mukund Rai, resident of villageNarayanpur Piper, P.S.-Khodawanpur, District- Begusarai. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Manish Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioners, the State and the complainant.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 448, 467, 468, 471 and 120(B) of the Indian Penal Code. The case of the complainant is that when she was at her house, all the accused persons came and started throwing the articles and when she protested, Rajendra Rai took her R.T.I. on a blank stamp paper and told that he has purchased the said land. The complainant inquired into the matter at Registry office, where she came to know that under a conspiracy, Rajendra Rai purchased the said land by registered deed from one Polu Rai,
Patna High Court Cr.Misc. No.23840 of 2015 (3) dt.02-09-2015 2/2 son of Mukund Rai whereas there is no son named as Polu Rai to the complainant.
On behalf of the petitioners, it is submitted that the petitioners have been falsely implicated in the present case. From perusal of the allegations made in the complaint case, it is evident that the same relates to civil in nature. It is further submitted that the sale deed, in question, has not been challenged in the court below.
On behalf of the State and the counsel for the complainant, it is submitted that the petitioners are the beneficiaries of the sale deed, in question.
Considering the facts and circumstances of the case, let the petitioners above-named be released on bail in the event of their arrest or surrender within a period of four weeks on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Deo Priya, Judicial Magistrate-1st Class, Begusarai in complaint case no.2477C/2012 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sudhir Singh, J) V.K. Pandey/- U T