Jyotish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55081 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Jyotish Yadav S/o Late Mahabir Prasad Yadav @ Saryug Prasad Yadav 2.

Amrita Devi W/o Late Shankar Yadav 3.

Manoj Yadav S/o late Mahabir Prasad Yadav @ Saryug Prasad Yadav 4.

Kapildeo Yadav S/o Late Mahabir Prasad Yadav @ Saryug Prasad Yadav All are residents of village- Auliabad, P.S.- Bihpur, District- Bhagalpur ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Bouku Yadav S/o Late Saryug Prasad Yadav @ Mahabir Prasad Yadav R/o village- Auliabad, P.S.- Bihpur, District- Bhagalpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Choudhary For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-11-2019 Supplementary affidavit is filed on behalf of the petitioners. Let it be kept on record.

Heard learned counsel for the petitioners, learned counsel for opposite party no. 2 as well as learned Additional

Patna High Court CR. MISC. No.55081 of 2019(4) dt.27-11-2019 2/3 Public Prosecutor for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 420/34 of the Indian Penal Code.

The accusation against the petitioners is that they got executed forged sale deed impersonating the mother of the complainant/opposite party no. 2. However, claim of the petitioners is that mother of the complainant had executed sale deed in respect of lands in question.

Learned counsel of opposite party no. 2 submits that husband's name of mother of the complainant has wrongly been mentioned in sale deed as Mahavir Yadav and the aforesaid fact clearly indicates that mother of the complainant was not present when the sale deed in question was executed.

Moreover, it is informed on behalf of the petitioners that title suit is pending between the parties. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioners are in jail custody since 25.06.2019, order dated 02.09.2019, by which the petitioners were granted provisional bail, is, hereby, confirmed.

Let this order be communicated to Shree D.K. Yadav

Patna High Court CR. MISC. No.55081 of 2019(4) dt.27-11-2019 3/3 (I.C.), Judicial Magistrate 1st Class, Naugachhia, Bhagalpur in connection with Complaint Case No. 153 of 2018. (Hemant Kumar Srivastava, J) shahzad/- U T