Sakaldeo Yadav @ Sakaldev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56970 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- CHAKAI District- Jamui ====================================================== Sakaldeo Yadav @ Sakaldev Yadav, S/O- Late Darshan Yadav, R/O VillageGorwa Matihana, P.S. - Sono, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-08-2023 Heard Mr. Pankaj Kumar Sinha, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 118 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. Allegedly the petitioner by committing a forgery, sold the land of the informant in the year 2014 and when the informant came to know about the same she filed complaint on 26.08.2014. However, the same was sent to the concerned police station and the F.I.R. has been instituted on 06.04.2023.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are cousin and in fact the father of both the parties have purchased
Patna High Court CR. MISC. No.56970 of 2023(2) dt.30-08-2023 2/3 the land and they were coming in peaceful possession of their respective shares and the petitioner had only sold his share to Karina Khatoon. He further submits that the complainant and her sister, both are daughters of late Ram Yadav, had already sold share of 21 1⁄2 decimals to another person and further Girija Devi, sister of the complainant also gifted her total land to her son, namely, Vijay Yadav, and in this way they have already disposed of their share, but only in order to extort money from the petitioner, the present case has been instituted. He next submits that co-accused Karina Khatoon, who purchased the land, has already been allowed bail by the learned Sessions Judge.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, which is predominantly civil in nature and the fact that the complaint was filed in the year 2014 and now the F.I.R. has been instituted after nine years, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.56970 of 2023(2) dt.30-08-2023 3/3 Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 118 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T