Laxmi Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5946 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -PIPRA District- SUPAUL ======================================================

1. Laxmi Paswan, S/o- Late Mungay Paswan,

2. Bridihi Paswan, S/o- Laxmi Paswan,

3. Birendra Paswan, S/o- Laxmi Paswan,

4. Surendra Paswan, S/o- Laxmi Paswan, All are resident of Village - Rampur, P.S. - Pipra, District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 420, 467, 468 and 379/34 of the Indian Penal Code. Allegation against the petitioners is that they got forged jamabandi in respect of the land of the complainant and on the basis of that jamabandi they sold the same to some other person.

Submission of the petitioners is that even if the allegation is assumed to be correct the real persons who have been cheated in the occurrence are the purchasers from the petitioners and not the complainant because the purchasers have paid

Patna High Court Cr.Misc. No.5946 of 2017 (3) dt.20-04-2017 consideration money to the petitioners who are allegedly non-title holders. Moreover, it has come during the investigation that the land was mutated in the name of the petitioner Laxmi Paswan since long and other petitioners are sons of Laxmi Paswan. Learned counsel for the complainant opposed the prayer of bail.

Considering the aforesaid disputed question of facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Jitendra Kumar, learned J.M.-1st Class, Supaul/Successor Court in connection with Pipra P.S. Case No.25 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case.

Arvind/- (Birendra Kumar, J) U T