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Patna High CourtCR. MISC./3091/2017bail granted

Ramesh Narayan Singh And ANR v. The State Of Bihar

2017-01-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3091 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -DHAKA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Ramesh Narayan Singh, son of late Ekram Singh

2. Kiran Devi, wife of Rakesh Bhagat Both resident of village Chandrahiya, P.S. Dhaka, Distt. East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 420, 467, 468, 471, 387 and 120(B) of the Indian Penal Code.

It is alleged that the informant learnt from Dhaka Registry office that Ramesh Narayan Singh, petitioner No. 1, has got executed a sale deed from Kiran Devi petitioner No. 2 on 1.12.2016. It is further alleged that Kiran Devi is own sister of the informant and other accused persons are witnesses, identifier and Katib on the sale deed. Kiran Devi has no right title and possession over the land in question.

Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.3091 of 2017 (2) dt.28-01-2017 2/2 Kiran Devi is own sister of the informant and she has executed the sale deed in favour of the petitioner No. 1 of the land belonging to her share.

From the allegation in the complaint petition which was sent to police station under Section 156(3) Cr. P.C. it appears that the dispute is purely civil in nature.

Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Dhaka P.S. Case No. 98 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T