Ram Sharan Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56693 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Ram Sharan Mukhiya Son of Late Dhani Lal Mukhiya @ Dhaneshwar Mukhiya, Resident of Village-Kariho Tola, Navtol, P.S. and District Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jai Prakash Choudhary Son of Late Prithwi Choudhary, resident of village-Kariho Tola, Navtol, P.S. and District Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been languishing in custody since 11.09.2017 in a Complaint Case No. 164C of 2016 registered for the offences punishable under sections 420, 468 and other ancillary sections of the Indian Penal Code.

It is alleged that the complainant purchased 3 katha and 17 dhur land from this petitioner in the year 2016 and when the complainant-purchaser went over her land, the other two persons namely Satya Narayan Mandal and Dinesh Mandal started claiming land measuring 1 katha and stated that they had purchased the said land in the year 1993 from this

Patna High Court Cr.Misc. No.56693 of 2017 (2) dt.12-12-2017 2/2 petitioner. The allegation of cheating appears omnibus and dispute between the parties is purely a civil dispute as regards title on the basis of purchase made by the complainant.

Considering the nature of allegation, facts and circumstance of the case, the prayer for bail of the petitioner is allowed and he is directed to be released 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 learned Chief Judicial Magistrate-II, Supaul in connection with Complaint Case No. 164C of 2016.

(Sanjay Kumar, J) Mahesh/- U T