Mridula Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8011 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -SAHJAHANPUR District- PATNA ======================================================

1. Mridula Singh, Wife of Chandra Prakash

2. Vivek kumar, Son of Late Dr. V. K. Singh, Both resident of Flat No. 43, Prakash Kunj Apartment, West Nageshwar Colony, Boring Road, P.S.- Buddha Colony, District- Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Rama Kant Sharma, Advocate Mr. Niraj Kumar, Advocate For the Opposite Party : Smt. Pushpa Sinha (APP-121) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Shahjahapur P.S. Case No. 47 of 2016, registered for the offences punishable under Sections 323, 504, 406, 420, 506, 424, 384 of the Indian Penal Code and Section 27 Arms Act. Allegedly, the complainant/informant purchased the land of Khata No. 173, Plot No. 1042, Area 58 decimals from Meenakshi Singh and rent receipts are also being granted, but the accused persons including the petitioners being in collusion and conspiracy created a sale deed dated 27.05.2016 and, as such, they have committed forgery and cheating.

Patna High Court Cr.Misc. No.8011 of 2017 (2) dt.03-03-2017 2/2 Submission is of false implication and that rent receipt was granted to the complainant without any order from competent authority. In Lok Adalat there was compromise and Meenakshi Singh and Lata Singh were not given any immovable property in their share rather they were given Rs. 5 Lacs and 200 grms. gold and, as such Meenakshi Singh has got no right to sale the land. It is out and out a civil dispute and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that the dispute appears purely of civil nature.

In the facts and circumstances as stated above, considering the nature of dispute, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned A.C.J.M., Patna City, Patna, in connection with Shahjahapur P.S. Case No. 47 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T