Rajendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56861 of 2022 Arising Out of PS. Case No.-1609 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

RAJENDRA SAH Son of Late Shiv Prasad Sah R/O- Dumrikhal, Hridayganj, P.S.- Sahayak, Distt.- Katihar 2.

Rukmani Devi Wife of Rajendra Sah R/O- Dumrikhal, Hridayganj, P.S.- Sahayak, Distt.- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sita Ram Sah Son of Late Shiv Prasad Sah R/O- Hridayganj, Ward No.- 1, P.S.- Sahayak, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1609 of 2018, registered for the offences punishable under Sections 323, 420, 120 (B) of the Indian Penal Code.

As per allegation, the petitioner No. 1 has fraudulently got his name mutated in respect of the land belonging to the informant and the petitioner No. 2 is wife of the petitioner No. 1. Learned counsel for the petitioner has submitted that it is a pure civil dispute. As a matter of fact, petitioner No. 1 is own brother

Patna High Court CR. MISC. No.56861 of 2022(2) dt.08-02-2023 2/2 of the complainant. Partition has already been taken place and the name of the petitioner has been mutated only to the extent of his share in the land.

It appears nothing but a matter of civil dispute. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Complaint Case No. 1609 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T