Jalebi Sah @ Jilebi Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.37856 of 2014 (7) dt.18-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37856 of 2014 Arising Out of PS.Case No. -470 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Jalebi Sah @ Jilebi Sah s/o Late Lakhan Sah R/o village - Beldara, P.S. - Pipra, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Satto Sah, S/o- Late Baldeo Sah , R/o- Village Beldara, P.S. Pipra, District Supaul.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 470C/2013 registered for the offences punishable under Sections 341, 420, 468, 471 of the Indian Penal Code.

Earlier the complainant of the present case was given notice so that he could appear before this court and clarify the position. On 16.04.2015, this Court had given liberty to the petitioner to execute deed of correction in favour of the complainant but by means of supplementary affidavit, the petitioner has asserted that though he is willing to make necessary correction in the sale deed of the land over which the complainant is already in possession, the complainant wants some additional plots which are incorrect to be included which

Patna High Court Cr.Misc. No.37856 of 2014 (7) dt.18-09-2015 cannot be done.

Learned counsel for the petitioner submits that the complainant is unnecessarily harassing the petitioner though he is very much in possession of the land, in question, since 2007 itself.

Considering the aforesaid facts and circumstances of the case and also the fact that the complainant has not chosen to appear before this court despite notice, let the petitioner, in the event of his/their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Supaul in connection with Complaint Case No. 470C/2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T