Ishwar Kumar Singh @ Gautam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58468 of 2022 Arising Out of PS. Case No.-1726 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ISHWAR KUMAR SINGH @ GAUTAM SINGH Son of Late Krishna Prasad Singh Resident of Village - Majhouni, P.S. - Rajoun, District - Banka presently residing at - Vikramshila Colony, Urdu Bazar, P.S.- Tatarpur, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Devi Wife of Late Prem Kumar Singh Resident of Mohalla - Mandroja, Surilane, P.S.- Tatarpur, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Pankaj Kumar, Advocate For the State :

Mr.Nagendra Prasad,APP For the Complainant :

Mr.Anupa Nand Jha,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

11-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406 / 420 of the Indian Penal Code.

It is alleged by the complainant that the accused / petitioner after hatching conspiracy on 19.02.2020 prepared forged partition deed without disclosing the name of the complainant and is trying to sell such property to third person. Counsel for the petitioner submits that with the consent of complainant, the sale-deed in question and other saledeeds were prepared. He further submits that petitioner and complainant are own gotiya and there is property dispute between them, for which, Mutation Appeal No. 123/2021-22 is

Patna High Court CR. MISC. No.58468 of 2022(4) dt.11-04-2023 2/2 pending before the court of learned D.C.L.R., Bhagalpur and only with a view to harass this petitioner, the present complaint case has been lodged. Petitioner has got clean antecedent. Learned counsel for the complainant/O.P.-2 vehemently opposes the prayer for anticipatory bail. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VII, Bhagalpur in connection with Complaint Case No. 1726 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T