Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67314 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

ARVIND KUMAR S/O MANGAL SINGH VILLAGE- RUPAICH P S MEHANDIYA DISTRICT ARWAL, BIHAR 2.

MANGAL SINGH S/O CHANARIK SINGH VILLAGE- RUPAICH P S MEHANDIYA DISTRICT ARWAL, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan, Adv.

Mr.Chandan Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP For the Informant :

Mr.Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners, Mr. Shailesh Kumar, learned counsel for the informant and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 380, 420, 467, 468, 471, 504, 506 and 120B read with section 34 of the IPC. 3.

As per the prosecution case, the complainant on behest of medical treatment was taken to Arwal by the petitioners and in conspiracy, they got transferred the land and house of the complainant in their favour by taking her thumb impression. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.67314 of 2023(2) dt.02-11-2023 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence in the manner as alleged has ever taken place. It is submitted that there is a civil dispute between the parties. The sale deed has been executed and registered way back in the year 2021 whereas the complainant has alleged that she was taken on 25.10.2022 to Arwal wherein her thumb impressions were taken. The sale deed is enclosed at Annexure- A/2 of the bail petition. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the complainant is an old and widow lady and she has been cheated by the petitioners.

6.

Having regard to the facts and circumstances of the case, considering that there is civil dispute between the parties and the fact that the sale deed was registered in the year, 2021 itself and the complainant has alleged that her thumb impression was taken in the year, 2022, I am inclined to enlarge the petitioners on anticipatory bail. Let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty

Patna High Court CR. MISC. No.67314 of 2023(2) dt.02-11-2023 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mehandiya P.S. Case No.61 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T