Sri Arvind Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17805 of 2017 (2) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17805 of 2017 Arising Out of PS.Case No. -159 Year- 2012 Thana -SAHPUR District- PATNA ====================================================== Sri Arvind Kumar, son of Sri Awadhesh Prasad, resident of Village Khanera, Belaganj, PS - Belaganj, PS - Belaganj, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gajendra Pratap Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 159 of 2012, registered under Sections 420, 467, 468, 504 and 506/34 of the Indian Penal Code. The allegation of informant is that he got executed the sale deed in respect to Plot No. 162, Khata No. 233, Thana No. 24 of Village Chamari Chak, P.S. Shahpur, District Patna on 22.01.2004. Later on, she came to know about the filling of sand on her land, on which, she went there and found that one Rakesh Kumar, who is residing in the house of Hari Prasad, was filling the sand in her land. When she made protest then she informed the petitioner and others, who came and started to abuse claiming their

Patna High Court Cr.Misc. No.17805 of 2017 (2) dt.19-07-2017 ownership of the land. It appears that petitioner by putting fake paper got executed the sale deed on 16.11.2010 in his favour. Learned counsel for the petitioner submits that, in fact, informant filed Title Suit No. 409 of 2012 seeking injunction against the petitioner on 08.11.2012 with respect to that land and only to give undue pressure the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in connection with Shahpur P.S. Case No. 159 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T