Dhiraj Kumar Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55067 of 2016 Arising Out of PS.Case No. -190 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Dhiraj Kumar Singh,

2. Niraj Kumar Singh, Both sons of Krishna Kumar Singh @ Basan Singh, resident of Village Bhatwalia, P.S.- Baniyapur, District- Saran.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Mosmat Phulmato Kuwar, wife of Late Mohan Singh, resident of Village Paigambarpur Tola, Baluan, P.S. Jalalpur, District- Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. A..P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Sri Ashok Kumar Mishra, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Complaint Case No.190/13, Tr.no.733/16 registered under Section 420 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that the petitioners after death of their mother had transferred some land to some of the accused persons of the present complaint case and, thereafter, maternal grand mother of the petitioners has filed the present complaint on instigation of

Patna High Court Cr.Misc. No.55067 of 2016 (2) dt.22-12-2016 2/2 other co-sharers. He submits that it is a case of completely civil nature, but a colour of criminal offence has been given. Considering the nature of accusation, let the aforesaid two petitioners, namely, (i) Dhiraj Kumar Singh and (ii) Niraj Kumar Singh, in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chapra in connection with Complaint Case No.190/13, Tr.No.733/16 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T