Sri Agin Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37483 of 2015 Arising Out of PS.Case No. -3390 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Sri Agin Singh Son of Late Kunwar Singh

2. Most. Raj Rakhana Kuer W/o Late Satya Narayan Singh @ Satyadeo Singh Both residents of Village - Alekh Tola, Sitab Diyara, P.S. Ribilganj, District Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramdhara Singh (Mutwali) Son of Late Kailash Singh Resident of Village - Munja Bisunpura, P.O. : - Goltenganj, P.S. : - Muffasil, District : - Chapra (Saran).

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 3390/2014, registered for the offences punishable under Section 468 and other Sections of the Indian Penal Code. It is alleged that the petitioners claimed themselves to be legal heirs of Banaras Singh and the petitioners procured collusive report about the genealogy in collusion with the Circle Officer.

Learned counsel for the petitioner submits that the petitioners are the legal heirs of Banaras Singh. Laxman Singh

Patna High Court Cr.Misc. No.37483 of 2015 (3) dt.09-11-2015 2/2 donated the properties in the name of temple and Laxman Singh claimed that his brother died issueless, whereas the petitioners claimed that the petitioners are the legal heirs of the brother of Laxman Singh. Learned counsel for the informant, however, opposed the prayer for bail and submitted that the petitioners got a collusive report about the genealogy from the circle office, Sadar Chapra, which shows Ganesh Singh and his sons, namely Banaras Singh and Laxman Singh. The complainant also preferred a mutation appeal against the order mutating the names of the petitioners.

Taking into consideration the facts that the case appears to be civil nature, the 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/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Srivastava, Judicial Magistrate 1st Class, Saran at Chapra in connection with Complaint Case No. 3390/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T