Kameshwar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53960 of 2015 Arising Out of PS.Case No. -799 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Kameshwar Singh Son of Late Ramashish Singh resident of village - Karma, P.S. Baghaila, District - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Most. Ram Kalo Kuer W/o Late Ramjee Choudhary Resident of village - Sariao, Laxmipur Tola, Post Sri Khanda, P.S. Nokha, Distt. - Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code.

The prosecution case is that the complainant sold 3 kathas of land of Khata no. 52 Plot no. 262 for a consideration of rupees eighty six thousand. Subsequently, the petitioner was constructing boundary wall on some other land of the complainant then she found that fraudulently he got a registered sale deed executed with regard to the other land of the complainant.

Patna High Court Cr.Misc. No.53960 of 2015 (2) dt.27-11-2015 2/2 It is submitted by the learned counsel for the petitioner that the complainant sold the alleged land on which the petitioner was constructing boundary wall at earlier point of time but she sold the same land to one Surendra Choudhary subsequently but in order to save her own skin the complainant has lodged the present complaint. It is further submitted that the petitioner has also filed a complaint case against the present complainant. Considering the accusation based on civil nature of dispute, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Sasaram in connection with Complaint Case No. 799 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T