Shivji Chaudhary And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30771 of 2016 Arising Out of PS.Case No. -400 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Shivji Chaudhary son of late Jibu Chaudhary

2. Ramahish Chaudhary son of late Kamal Chaudhary. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 420/ 34 of the Indian Penal Code Act. The prosecution case is that petitioner no. 1 sold 2 Katha 13 Dhurs of land appertaining Khata No. 306, plot no. 1067, 1068, 1066 and 1134 to the complainant on the negotiation of petitioner no.2 being the cousin of petitioner no.1 but when the complainant went to make construction over the said land then the agnates of petitioner no.1 objected and suggested that the petitioner no.1 has only share to the extent of 10 dhurs. It is submitted by learned counsel for the petitioners that petitioner no.1 has transferred his share of land and his share

Patna High Court Cr.Misc. No.30771 of 2016 (2) dt.28-07-2016 2/2 of land is recorded in the revenue records, the Khatiyan to that effect has been brought on record as Annexure-3. It is submitted by learned counsel for the complainant that the petitioner no. 1 cheated the complainant. Considering the accusation in the background of civil nature of dispute let the above named petitioners be released on anticipatory bail in event of arrest/surrender before the learned court below within a period of 12 weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Complaint Case No. 400 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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