Patna High CourtCR. MISC./47710/2016bail granted

Nageshwar Singh v. The State Of Bihar

2016-11-18Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47710 of 2016 Arising Out of PS.Case No. -142 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Nageshwar Singh S/o Late Dipan Singh, resident of Village- Chakki (Rangi Dera), P.S.- Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamala Kant Tiwary For the Opposite Party/s : Mr. Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-11-2016 Heard Dr. Prasad for the petitioner and the APP for the State.

Petitioner is purchaser of the property from the daughter-in-law of the informant and is facing prosecution under Sections 467, 468, 471, 472, 420, 406 of the Indian Penal Code vide Buxar (T) P.S. Case No. 142 of 2016.

The father-in-law lodged the case that a forged document of sale was created by his daughter-in-law in favour of the petitioner wherein he was shown as deceased. It is stated that a Title Suit No. 169 of 2016 was filed for correction in the sale document which has also been decreed on 04.06.2016. The petitioner is merely a purchaser of the property. Considering the nature of allegation which predominantly appears to be civil in nature, in my view, the

Patna High Court Cr.Misc. No.47710 of 2016 (2) dt.18-11-2016 2/2 petitioner deserves anticipatory bail.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Buxar (T) P.S. Case No. 142 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailers shall be the own/close family members of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T