Jawahar Sah @ Jawahar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19554 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================
1. Jawahar Sah @ Jawahar Singh, Son of Late Shewpujan Sah, Resident of Village- Rakaba, P.S.- Bhore, District- Gopalganj.
2. Smt. Kmlawti Devi, Wife of Pujari Bhagat, Daughter of Jawahar Sah, Resident of Village- Khoduapur, P.S. Bhore, District- Gopalganj. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhore P.S. Case no. 92 of 2016, registered under Sections 363, 365, 420, 465, 467, 471 and 120-B of the Indian Penal Code. The allegation of informant Ramashankar Prasad is that on 22.02.2016, he reached at railway station Siwan for going to Lucknow. At that time, his villager Jawahar Sah (Petitioner No.1) met with him and requested to come at his house on the plea that train is late. Thereafter, informant reached at the house of the petitioner, where his daughter Kamalawati Devi was also present. The informant was served with tea and biscuit, then he loss his consciousness and he was kept in intoxicated condition state 3-4 days in the house of
Patna High Court Cr.Misc. No.19554 of 2017 (4) dt.18-08-2017 2/2 petitioner No.2 and later on he was taken to the office of Registrar and his signature was taken on some papers anyhow he came to his house then he came to know that petitioner No.1 got executed the sale deed on which Ramesh Sah put his signature as a witness. Learned counsel for the petitioners submits that it is quite unreasonable that petitioner has produced the informant in intoxicated condition at the time of registration of sale deed. Further submission is that, in fact, after executing the sale deed, the informant with ulterior motive lodged this case for wrongful gain.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No.92 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T