Ram Chapit Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20438 of 2016 Arising Out of PS.Case No. -295 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Ram Chapit Rai Son of Bunnilal Rai
2. Ram Balak Rai, son of Late Pathalu Rai
3. Smt. Chanda Devi, wife of Lalit Kumar Yadav,
4. Parma Rai
5. Bhikhari Rai Both sons of Sarva Rai
6. Paras Rai, son of Late Ambika Rai
7. Dhananjay Rai, son of Ramjiwan Rai
8. Polis Rai, son of Ram Janam Rai,
9. Pratipal Mishra son of Krishna Mishra, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420, 468, 465, 467/34 of the Indian Penal Code.
Prosecution case is that the informant and his brother got the land in question executed in their favour through a gift deed on 05.07.1995 by his maternal uncle Ram Chandra Rai. Thereafter, the informant came in possession over the said land but petitioner no.1 Ram Chapit Rai through three sale deeds dated 21.08.2015, 11.09.2015 and 24.09.2015 transferred the land
Patna High Court Cr.Misc. No.20438 of 2016 (2) dt.12-05-2016 2/2 in question in favour of petitioner no.3 Chanda Devi, petitioner no.4 Parma Rai, petitioner no.5 Bhikhari Rai and petitioner no.9 Pratiphal Mishra.
It is submitted by learned counsel for the petitioners that petitioner no.1claims the land from his maternal uncle as his maternal uncle Ram Chandra Rai died issueless, hence, his property diverted on the petitioner no.1. Petitioner nos. 3, 4, 5 and 9 are purchaser whereas petitioner nos. 2, 6, 7 and 8 are the witnesses to the sale deeds.
Considering the accusation being levelled in the background of civil nature of dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra, in connection with Chapra Mufassil P.S. Case No.295/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T