Patna High CourtCR. MISC./17448/2015bail granted

Dharmendra Kumar And ANR v. State Of Bihar And ANR

2015-05-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17448 of 2015 Arising Out of PS.Case No. -1105 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Dharmendra Kumar S/o Late Dhirendra Kumar Singh

2. Anuj Kumar Singh S/o Late Dhirendra Kumar Singh Both are Resident of Village Nawabganj, P.S. Manihari, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Kumari W/o Raghubansh Chaudhary C/o Vijay Singh Resident of Village Nawabganj, P.S. Manihari, District Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Navin Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case filed with accusation under Sections 467,406,420,468 and 120B of the Indian Penal Code.

It is alleged against the petitioners that the petitioners filed a forged application before the Land Ceiling Officer showing relinquishment of his share of land by the complainant in favour of the petitioners.

It is submitted by the learned counsel for the petitioners that the complainant had the option to file appropriate application before the Land Ceiling authorities where the alleged application

Patna High Court Cr.Misc. No.17448 of 2015 (2) dt.14-05-2015 2/2 was filed. More over, the dispute has been decided in favour of the petitioners by the DCLR, Manihari in Mutation Appeal No. 151 of 2013-14 vide order dated 17.12.2013 which has been brought on record as Annexure 3.

It is submitted by learned counsel for the complainant that the petitioners have committed forgery by filing forged application before the Land Ceiling Authorities. Considering the nature of accusation when the Mutation Appeal has been decided in favour of the petitioenrs, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Katihar in connection with Complaint Case No. 1105 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T