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Patna High CourtCR. MISC./54453/2019bail granted

Rajesh Yadav v. The State Of Bihar

2019-08-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54453 of 2019 Arising Out of PS. Case No.-671 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

RAJESH YADAV, Aged about 31 years, Male, Son of Sri Bihari Yadav Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar) 2.

Ranjit Yadav, Aged about 29 years, Male, Son of Sri Bihari Yadav, Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar) 3.

Ranjan Yadav, Aged about 26 years, Male, Son of Sri Bihari Yadav Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar) 4.

Ramesh Yadav, Aged about 20 years, Male, Son of Sri Bihari Yadav Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar) 5.

Madan Sah @ Madan Saw, Aged about 60 years, Male, Son of Sri Rupan Sah, Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar) 6.

Draupadi Devi @ Dropadi Devi @ Dropati Devi, Aged about 43 years, Female, Wife of Sri Shankar Yadav, Resident of Village - Deopur, P.S.- Khaira, Dist.- Jamui (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Pandit, Aged about 30 years, Male, Son of Sri Gaya Pandit @ Rameshwar Pandit, Resident of Village - Nimanvada, P.S.- Khaira, Dist.- Jamui (Bihar).

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

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.671(c) of 2016 for the offences allegedly committed by the petitioners under Section 420 of the Indian Penal Code. The complainant alleged that his mother, Hulsi Devi purchased lands of Khesra No.2772, Khata No.184 from Baijnath Yadav. One Dhaneshwari Devi also executed the sale deed in favour

Patna High Court CR. MISC. No.54453 of 2019(2) dt.30-08-2019 2/2 of Bihari Yadav and on the basis of such sale deed Bihari Yadav tried to dispossess the complainant from the land after death of his mother. Learned counsel for the petitioners submits that the petitioner nos.1 to 4 are sons of Bihari Yadav and petitioner nos.5 and 6 are witnesses of the sale deed. No allegation of cheating is made against the petitioners. The dispute is of civil nature. Taking into consideration the facts and nature of allegation made against the petitioners and the fact that the petitioner nos.1 to 4 are sons of Bihari Yadav, the vendees of Dhaneshwari Devi and petitioner nos.

5 and 6 are witnesses of the sale deed, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui in connection with Complaint Case No.671(c) of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.