Prabhunath Singh @ Munna @ Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40140 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Prabhunath Singh @ Munna @ Munna Singh, Son of Shasindradeo Narayan Singh, Resident of Village-Chantarwa, P.S.-Chantarwa, DistrictWest Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 04-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chautarwa P.S. Case No.16 of 2017 registered under Sections 420 and 504/34 of the Indian Penal Code.
The accusation is that under the Rehabilitation Scheme, 1956, 4.20 acres 20 decimal land was given to Late Kumud Ranjan Rai, the grandfather of the complainant/informant Sukdeo Rai, and since then the land was being cultivated by the family members of the complainant/informant. Out of the said land of Khesra Nos.23/34 and 24/4, area one acre 16 decimal, accused
Patna High Court Cr.Misc. No.40140 of 2017 (3) dt.04-10-2017 2/3 nos.6 to 8, Circle Officer, Circle Inspector and Halka Karmachari respectively, in collusion with the accused nos.1 to 5, namely, Prabhunath Singh alias Munna Singh (petitioner), Pradeshi Yadav, Saroj Yadav, Prem Chaudhary and Ramayan Chaudhary respectively, two katha land was recorded in favour of the accused nos.2 to 5, namely, Pradeshi Yadav, Saroj Yadav, Prem Chaudhary and Ramayan Chaudhary respectively in Jamabandi. On inquiry, the complainant/informant came to know that the petitioner executed the sale deed in respect of the said land in favour of the accused nos. 2 to 5, namely, Pradeshi Yadav, Saroj Yadav, Prem Chaudhary and Ramayan Chaudhary.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the land in dispute belongs to one Kamleshwari Yadav, the grandfather of the petitioner, and after his death, the petitioner came in possession over the said land and, accordingly, he executed the sale deed in respect of the said land but only to put undue pressure upon the petitioner, the complainant/informant has lodged this false case. Moreover, the complainant/informant has compromised the case with the vendee of the aforesaid land.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court Cr.Misc. No.40140 of 2017 (3) dt.04-10-2017 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Chautarwa P.S. Case No.16 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T