Umesh Yadav @ Umesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74270 of 2023 Arising Out of PS. Case No.-6527 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

UMESH YADAV @ UMESH KUMAR SINHA SON OF SHRI RAM SAKAL PRASAD RESIDENT OF VILLAGE- KURJI BALUPUR, SHAKTI NAGAR, ROAD NO. 1, PO- SADAQAT ASHRAM, PS- DIGHA, TOWN AND DISTT- PATNA 2.

RAJU RAI @ RAVI RANJAN SON OF UMESH YADAV RESIDENT OF VILLAGE- KURJI BALUPUR, SHAKTI NAGAR, ROAD NO. 1, POSADAQAT ASHRAM, PS- DIGHA, TOWN AND DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeswari Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 380, 448 & 506 of the Indian Penal Code.

3. As per complaint case, on 24.10.2021 at about 11 AM, the petitioner alongwith other persons forcibly entered into the house of complainant and ousted her alongwith her children & mother. It is further alleged that accused persons also snatched the gold ring & chain of complainant & her mother and took out Rs. 8,00,000/- from the box and also threatened to

Patna High Court CR. MISC. No.74270 of 2023(4) dt.01-05-2024 2/3 register the land in their favour otherwise they would have to face dire consequences.

4. It is submitted on behalf of petitioners that petitioner no. 1 is a simple cowman and petitioner no. 2 is a handicapped person and both are innocent. As a matter of fact, on 23.01.2021, an agreement for sale of land of 9 dhur was executed by complainant's father in favour of co-accused Rakesh Kumar (son of petitioner no. 1) and out of total consideration amount of Rs. 30,60,000/-, co-accused Rakesh Kumar already paid Rs. 16,80,000/- in cash to the complainant and her father, but in spite of that the complainant's father did not execute sale-deed in favour of co-accused, for which, petitioners and others went to the house of complainant and requested to execute the sale-deed, whereupon, this false and concocted complaint case has been filed. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.74270 of 2023(4) dt.01-05-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - IV, Patna in connection with Complaint Case No. 6527(C) of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T