Ajit Mali And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46697 of 2018 Arising Out of PS. Case No.-132 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ======================================================
1. Ajit Mali, S/o Ram Bhajan Mali,
2. Ram Bhajan Mali, S/o Kashi Mali,
3. Deepchan Sah @ Deepchan Kanu, S/o Late Dhannu Sah,
4. Indradeo Singh Patel, S/o Govind Patel, Petitioner no.1 to 4 are resident of Village- Jaitpur Kala, P.S.- Bhagwanpur, DistrictKaimur (Bhabua).
5. Rameshwar Mali, S/o Late Chandrma Mali, Resident of VillageLedari, P.O.- Chotaka Amaon, P.S.- Chand, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shiv Pujan Mali, S/o Kashi Mali, Resident of Jaitpur Kalan, P.S.- Bhagwanpur, District- Kaimur, Presently residing at Room No.125, Rahul Nagar No.2, Tranjik Camp Near Busbada Patil Engineering College, Sibon, Trambe Road Chunna Bhatti, Mumbai Pin Code- 400022. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sujeet Kumar For the Opposite Party/s :
Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioners , learned APP for the State and learned counsel for the complainant. Petitioners apprehend their arrest in complaint case no. 1321 of 2017 instituted for the offence under Section(s) 323, 341, 420 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioners have already filed Title suit no. 1129 of 2017 on 9.11.2017 for specific performance of contract against the
Patna High Court Cr.Misc. No.46697 of 2018(3) dt.27-08-2018 2/3 complainant. The complainant has filed the present complaint to lay pressure on the petitioners not to proceed with the Title Suit.
In the written report, it is alleged that one forged Mahadanama has been prepared in the name of complainant with respect to his piece of land. It is a matter of purely civil dispute for which the complainant has civil remedy. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with complaint case no. 1321 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM 5th Kaimur at Bhabhua, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Patna High Court Cr.Misc. No.46697 of 2018(3) dt.27-08-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T