Upendra Kumar Choubey And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47373 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -PARSA District- SARAN ====================================================== 1.Upendra Kumar Choubey, S/o Chatru Bhuj Choubey
2. Kanti Devi, W/o Chatru Bhuj Choubey
3. Anil Choubey, S/o Krishna Nath Choubey
4. Chatru Bhuj Choubey, S/o Late Dinanath Choubey, all are residents of village-Mirjapur, P.S. Parsa, District-Saran. .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Binod Kr. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in relation to Parsa P.S. Case No. 31 of 2015,instituted under sections 420, 467, 468, 471, 474, 504 and 120(B) of the Indian Penal Code. In sum and substance, the allegation is that two of the petitioners wrongly sold the land belonging to the informant by registered sale deed, and the other two petitioners are attesting witnesses to the sale deed. From the order of the learned Additional Sessions Judge it appears that there is a Partition Suit pending between the vendors and the informant. It is submitted that in course of civil suit it is to be decided whether a person has
Patna High Court Cr.Misc. No.47373 of 2015 (2) dt.15-10-2015 2/2 right to the property to sell it or not.
Be that as it may, I direct that in the event of arrest or surrender in the court below within four weeks, the above named petitioners shall be enlarged 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 Judicial Magistrate, Saran at Chapra, in connection with Complaint Case No. 40/2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Navaniti Prasad Singh, J) B.K.Roy/- U