Nand Kishore Prasad @ Nand Kishore Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53901 of 2017 Arising Out of PS.Case No. -2152 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Nand Kishore Prasad @ Nand Kishore Singh, son of Late Dev Narayan Rai

2. Nisu Kumar @ Nishant Kumar, son of Nand Kishore Pradad @ Nand Kishore Singh- both resident of village- Manoharpur, Kachhuara, P.S.- Gopalpur ( Sampatchak) District- Patna .... .... Petitioner/s

Versus

1. State of Bihar

2. Sujata Devi, wife of Lal Babu Sah, resident of village- Rajauli, P.S. Hajipur, District- Vaishali at present Mohalla West Lohanipur Sarswati Lane, P.S.- Kadamkuan, District-Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 2152 ( C) of 2016 registered for offences punishable under Sections 406/417 of the Indian Penal Code.

It appears that the present case has been lodged alleging that the petitioners executed a sale deed in respect of the land, over which 33000 high tension wire is going on. It is alleged that the land, which was under the agreement, has not been

Patna High Court Cr.Misc. No.53901 of 2017 (2) dt.09-11-2017 2/2 mentioned in the sale deed rather wrong Khesra number has been mentioned.

Learned counsel for the petitioners submits that the allegations are purely civil in nature and in fact, the sale deed has been executed in presence of the complainant, who has herself stood as a witness.

Learned Additional Public Prosecutor opposes the prayer of bail.

In the facts and circumstances, prayer of Anticipatory bail of petitioners are allowed and in the event of their arrest or surrender before the Court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)each with two sureties of the like amount each in connection with Complaint Case No. 2152 ( C) of 2016 to the satisfaction of the learned Judicial Magistrate, 1st class, Civil Court, Patna, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

(Rajeev Ranjan Prasad, J) Sudha/- U T