Chhanguri Singh And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.38716 of 2016 (2) dt.22-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38716 of 2016 Arising Out of PS.Case No. -56 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================
1. Chhanguri Singh, S/O Uchit Singh,
2. Pintu Singh, S/O Late Gholda Singh, Both R/O Village- Mahaddipur, P.S.- Pasraha, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Dayaram Singh, S/O Late Jagan Singh, Resident of VillageMahaddipur, P.S.- Pasraha, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 56C of 2014 registered under Sections 406 and 420 of the Indian Penal Code.
The allegation of complainant/informant, Dayaram Singh, is that he got executed the sale deed on payment of consideration amount of Rs.1,64,000/- from the petitioners in respect to Khata No. 270, Khesara No. 1372 area 1 Bigha of Village pasraha on 15.10.2008. In spite of request made by the complainant/informant, the petitioners did not give the possession of the purchased land. On 02.01.2014, informant came to know
Patna High Court Cr.Misc. No.38716 of 2016 (2) dt.22-09-2016 that ancestors of the petitioners had already sold the said land to the others.
Learned counsel for the petitioners submits that, in fact, the land as detailed in the complaint petition was sold by the petitioners to the informant and till 2010 the rent receipt was issued in the name of petitioners but since year 2011 after mutation the rent receipt is being issued in the name of complainant/informant, which would appear from Annexure 2 to the application. In fact, some consideration amount was due and on demand by the petitioner the present case has been lodged only to give undue pressure.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 56C of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T