Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62780 of 2022 Arising Out of PS. Case No.-471 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== VIKASH KUMAR S/O Birendra Singh R/O Village- Mahmudpur Konch, P.S- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the informant :

Mr. Ravindra Nath Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard Mr. Rama Kant Sharma, Senior Counsel, Mr. Jitendra Kumar Singh, the learned APP for the State also also Mr. Ravindra Nath Tiwari, learned counsel for the informant. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Civil Line P.S. Case No. 471 of 2021 under sections 406, 420 of the Indian Penal Code.

As per the prosecution story, the informant, Rinku Kumari alleged that Arti Kumari and Bharti Singh, the two sisters had taken money for execution of land but instead, the same was executed to one Kaushalya Devi and accordingly, she was cheated. Further allegation is that when she complained

Patna High Court CR. MISC. No.62780 of 2022(2) dt.24-01-2023 2/3 about it and demanded money, was threatened by the accused persons including the family members of the Kaushalya Devi, the petitioner included who is son of said Kaushalya Devi. Accordingly, the FIR.

Learned Senior Counsel submits that whatever allegation is of accepting the amount for execution of the land it is on Arti Kumar and Bharti Singh.

So far as this petitioner is concerned, he paid money to Arti Kumari and Bharti Singh for a piece of land and got the sale-deed executed and as such how he comes into picture or can he accused.

The learned counsel for the informant on the other hand submits that these persons were also in conspiracy with Arti Kumari and Bharti Singh in denying the execution of saledeed to informant and instead got it registered in her name. Taking into account the fact that the petitioner do not have criminal antecedent, the main allegation is against Arti Kumari and Bharti Singh, his mother got the land executed after payment of amount, this Court see no reason for denying the relief to the petitioner and accordingly his anticipatory bail is allowed.

Let the petitioner be released on bail, in the event

Patna High Court CR. MISC. No.62780 of 2022(2) dt.24-01-2023 3/3 of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Civil Line P.S. Case No. 471 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/-Ajay Singh U T