Jairam Prasad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51977 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -SHEOHAR District- SHEOHAR ======================================================
1. Jairam Prasad S/o Late Kali Prasad, R/o Village- Basahiya Seikh, P.S.- Piprahi, District- Sheohar. A/p- Deed writer, Registry Office- Sheohar
2. Chitranjan Rai S/o Late Dahaur Rai
3. Satyanarayan Rai S/o Vijay Rai Both R/o Village- Belahi, Dullah, P.S.- Tariyani, District- Sheohar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners, Mr. Dinesh Jha and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sheohar P.S.Case No. 131 of 2015 registered for offences punishable under Sections 467, 468 and 420/34 of the Indian Penal Code.
The prosecution case, based on the F.I.R., is that at Village- Belahi Dula, a „Math‟ namely, Ram Janaki in which Idol of Lord Ram, Laxman, Goddes- Sita and Bhakt Hanuman are there, is situated and in routine manner this " Math" property temple is maintained. Janki Das was the "Mahant "of above
Patna High Court Cr.Misc. No.51977 of 2015 (3) dt.17-12-2015 2/3 "Math", who executed a registered " Samarpanama" on 24.09.1981 and appointed Sri Damodardas, who maintained and looked after the temple and property. In the year, 1985 dated 14th June, Janki Das passed away. Mahant Damodardas appointed "Sewait" Bhagwan Das and on 11.09.2011, Damodardas also passed away. Bhagwan Das appointed Jairam Das, who took care and looked after this „Math" but Jairam Das left "Puja- path" and started to live a married life. Jairam Rai @ Jairam Das with the help of his cousin brothers Chitranjan Rai and Satyanarayan Rai and deed writer Jairam Prasad under conspiracy and planning with his relative Raji Rai in the name of deceased Mahant Janki Das disposed off the " Math" property.
It has been submitted by the learned counsel for the petitioners that the petitioners have clean antecedent, as is evident from para-3 of this petition and the entire prosecution case is based on the documentary evidence relating to sale of " Math" property.
It has further been stated that one of the accused namely, Jairam Das @ Jairam Rai, who was looking after "Math" and its property, has since been granted privilege of anticipatory bail vide order dated 08.12.2015 passed in Cr. Misc. No. 54884 of 2015. I do not propose to take a different view as the case of the
Patna High Court Cr.Misc. No.51977 of 2015 (3) dt.17-12-2015 3/3 petitioners are that they were accomplices of the accused Jairam Das @ Jairam Rai and on a better footing.
Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P. S. Case No. 131/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T