Indra Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55239 of 2019 Arising Out of PS. Case No.-354 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Indra Sinha Wife of Late Braj Nandan Singh Resident of Village - Janakdhari Lal Road, Danapur, P.S.- Danapur, District - Patna, Presently residing of C/o Children Mirror School, Ravinagar, P.S.- Mugalsarai, District - Chandauli (Uttar Pradesh), Pin Code- 232101 2.

Atual Kumar Singh Son of Late Braj Nandan Singh Resident of Village - Janakdhari Lal Road, Danapur, P.S.- Danapur, District - Patna, Presently residing of C/o Children Mirror School, Ravinagar, P.S.- Mugalsarai, District - Chandauli (Uttar Pradesh), Pin Code- 232101 3.

Alok Kumar Singh Son of Late Braj Nandan Singh Resident of Village - Janakdhari Lal Road, Danapur, P.S.- Danapur, District - Patna, Presently residing of C/o Children Mirror School, Ravinagar, P.S.- Mugalsarai, District - Chandauli (Uttar Pradesh), Pin Code- 232101 ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Smt. Sadhna Kumari Wife of Dinesh Kumar Chaudhar Resident of Village and P.O. - Ayodhyaganj Bazaar, P.S.- Kursaila, District - Katihar, presently residing C/o Smt. Nirmala Jaiswal, resident of 57/A, Dak Bangala Road, Patna, , Pin Code- 800001.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 354(C) of 2013 for the offence punishable under Sections 120(B), 420, 427, 403 and 406 of the Indian Penal Code.

It is the case of the complainant that she had purchased a piece of land through sale deed executed by these

Patna High Court CR. MISC. No.55239 of 2019(2) dt.03-09-2019 2/3 petitioners in 2010. Allegedly, when the complainant was raising a boundary wall over the said plot in 2013, the accused persons caused obstruction and told her that there was a case pending in respect of the said land.

Learned counsel appearing on behalf of the petitioners has submitted that it is true that a title suit is pending in respect of the land in question there being dispute among the co-sharers and in the said title suit, the complainant herself has been impleaded as intervenor-defendant.

Considering the nature of the dispute leading to filing of complaint case, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 the learned A.C.J.M., Danapur, Patna, in Complaint Case No. 354(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.55239 of 2019(2) dt.03-09-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T