Rajaram Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53700 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -KALER District- JEHANABAD ======================================================

1. RAJARAM SINGH, S/o Late Anant Singh,

2. Smt. Sarita Devi W/o Ashok Kumar, Both r/o Village- Chiraiya Tar, P.S.- Haspura, District- Arwal.

3. Ajay Kumar S/o Rajaram Singh, R/o Village- Amirbigha, P.S.- Kaler, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kaler P.S. Case No. 20 of 2017 registered for the offence punishable under Sections 420, 467, 468 and 120(B) of the Indian Penal Code.

The allegation against the petitioners is that the petitioner No. 1 had sold a portion of land of the informant, which the informant had received upon due partition. It has been alleged that the petitioners had conspired and sold the land fraudulently to his daughter.

The learned counsel for the petitioners submits that at best, the dispute in the present case can be said to be a dispute of

Patna High Court Cr.Misc. No.53700 of 2017 (3) dt.11-01-2018 2/2 civil nature and the informant has his remedy before the competent Court of civil jurisdiction. The petitioners have a clean antecedent.

The learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioners have deliberately sold the land belonging to the informant and have committed a fraud.

Having regard to the facts and circumstances of the case and more particularly the fact that the dispute appears to be civil in nature, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal in connection with Kaler P.S. Case No. 20 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T