Mahesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5586 of 2016 Arising out of PS.Case No. -332 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Mahesh Kumar, Son of Sukhdeo Sah @ Thagan Sah, resident of Village - Gobar Sahin, Police Station - Sadar, District - Muzaffarpur, At present Gumti near office of Transport Officer, Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Subhadra Devi, wife of Late Devendra Prasad, resident of Village - Pakari Ismail, P.S. - Sadar, District - Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mazharul Hassan, Advocate. For the State : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Muzaffarpur Town P.S. Case No. 332 of 2015 for the offences instituted under Sections 452, 341, 323, 468, 420 and 120(B) of the IPC.

The prosecution story, in brief, is that the informant executed the sale deed of Khata No. 105, Khesra No. 660 area 8 decimal where scribe read over the contents of sale deed and then she put her thumb impression over it and her son put his signature as a witness. Thereafter, petitioner alongwith Niraj Kumar and

Patna High Court Cr.Misc. No.5586 of 2016 (2) dt.28-03-2016 2/3 Bhola Rai after taking the sale deed asked the informant to become ready for acceptance of sale deed and went away taking the above. It is further alleged that accused Munna Kumar and Sashi Bhushan Sinha maneuverably changed the page and inserted another written page wherein Plot No. 68, Khesra No. 191 area 8 decimals was mentioned which is more valuable land side of the road than the actual sale of plot.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The matter relates to the sale and purchase of land. The said matter relates to civil dispute. The petitioner has got no concern with the sale deed in question. He is neither vendor nor vendee.

On behalf of the State it has been submitted that the petitioner is named in the complaint/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Muzaffarpur Town P.S. Case No. 332/2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.5586 of 2016 (2) dt.28-03-2016 3/3 Criminal Procedure.

U.K./- (Sudhir Singh, J) U T