Daya Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57819 of 2019 Arising Out of PS. Case No.-727 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.
DAYA PRASAD SINGH Son of Late Sitaram Singh Resident of Village - Kerai, P.S.- Bibhutipur, Distt - Samastipur.
2.
Mahaveer Singh @ Mahaveer Prasad Singh Son of Late Sitaram Singh Resident of Village - Kerai, P.S.- Bibhutipur, Distt - Samastipur. 3.
Awadh Lal Singh Son of Chhanuu Singh Resident of Village - Kerai, P.S.- Bibhutipur, Distt - Samastipur.
4.
Bhushan Singh Son of Chhannu Singh Resident of Village - Kerai, P.S.- Bibhutipur, Distt - Samastipur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Shiv Kumari Wife of Late Dev Narayan Singh Resident of Village and Post - Mahishi, P.S.- Bibhutipur, Distt - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Complaint Case No. 727 of 2017, T.R. No. 2458 of 2019, disclosing the offence under Sections 420, 120-B, 467, 468, 471, 34 of the Indian Penal Code.
There are 27 persons named in the complaint petition including these petitioners. It is alleged in the complaint petition that the accused persons got executed the sale deeds
Patna High Court CR. MISC. No.57819 of 2019(2) dt.13-09-2019 2/2 fraudulently in respect of the lands which belonged to the complainant's husband.
Learned counsel appearing on behalf of the petitioners has submitted that filing of the complaint case is motivated and dispute, if any between the parties, is of civil nature. Considering the above, 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 bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned J.M. Ist Class, Samastipur in Complaint Case No. 727 of 2017, T.R. No. 2458 of 2019, subject to the condition 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 part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T