Prem Nath Sah @ Prem Nath Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16664 of 2016 Arising Out of PS.Case No. -178 Year- 2015 Thana -BISFI District- MADHUBANI ======================================================
1. Prem Nath Sah @ Prem Nath Prasad
2. Vinay Kumar Sah @ Vinay Kumar Prasad
3. Subodh Kumar Sah @ Subodh Kumar Prasad
4. Satish Kumar Sah @ Satish Kumar Prasad
5. Deepak Kumar Sah @ Deepak Prasad All Sons of Sri Krishna Prasad Sah, Resident of Mohalla- Chahuta, Police Station Bisfi, District Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.16666 of 2016 Arising Out of PS.Case No. -178 Year- 2015 Thana -BISFI District- MADHUBANI ====================================================== Krishna Prasad Sah @ Sri Krishna Prasad Son of late Janki Prasad Resident of Mohalla- Chahuta, Police Station Bisfi, District Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
(In Cr.Misc. No.16664 of 2016) For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P. (In Cr.Misc. No.16666 of 2016) For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2016 Heard both sides.
The petitioners in Cr. Misc. No. 16664/2016, namely, Prem Nath Sah @ Prem Nath Prasad, Vinay Kumar Sah @ Vinay Kumar Prasad, Subodh Kumar Sah @ Subodh Kumar Prasad, Satish Kumar Sah @ Satish Kumar Prasad, Deepak Kumar Sah @
Patna High Court Cr.Misc. No.16664 of 2016 (3) dt.14-07-2016 2/3 Deepak Prasad, and the petitioner in Cr. Misc. No. 16666/2016, namely, Krishna Prasad Sah @ Sri Krishna Prasad, apprehend their arrest in Bisfi P.S. Case No. 178/2015 registered under Sections 467, 468, 471, 420, 120B of the Indian Penal Code. The informant filed a complaint, on the basis of which, the present FIR is lodged making allegation that he purchased the land from one Kailash Pati Sah but the accused persons including the petitioners put hindrance in his possession. The informant filed Demarcation Case No. 131/2013, in which from the side of the informant, a Khatiyan was filed and from the side of the petitioners also, another Khatiyan standing in the name of late Randhir Prasad Sah was filed.
It is submitted that the petitioners also got the Khatiyan but merely on the report of the Halka Karamchari, the case is filed. If any forged document is filed in any proceeding of the court, there is a provision under Section 340 of the Code of Criminal Procedure to hold an enquiry on the petition filed by an aggrieved party and lodge a case.
Patna High Court Cr.Misc. No.16664 of 2016 (3) dt.14-07-2016 3/3 weeks from the date of receipt / production of a copy of this order, are directed to 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 Sri R.K. Rajak, Judicial Magistrate, 1st Class, Benipatti, Madhubani in Bisfi P.S. Case No. 178/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T