Madan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67255 of 2019 Arising Out of PS. Case No.-1202 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Madan Ram Son of Late Beyas Ram Resident of Village - Bathana, P.S.- Majhauliya, District - West Champaran.

2.

Chhathu Paswan Son of Late Inardeo Paswan Resident of Village - Bathana, P.S.- Majhauliya, District - West Champaran.

3.

Bodh Yadav @ Baidhnath Yadav Son of Late Basdeo Raut Resident of Village - Jinwalia Ojhamathia, P.S.- Majhauliya, District - West Champaran. 4.

Laxuman Bhagat Son of Late Mithu Bhagat Resident of Village - Bagahi Baghambarpur, P.S.- Bairiya, District - West Champaran. At Present - Pan Dukandar Registry Office Campus Bettiah, P.S.- Bettiah Town, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nageshwar Yadav Son of Late Raghuni Raut Resident of Village - Birwa Bhual Tola, P.S.- Majhauliya, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Adya Singh, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under sections 467, 468, 471, 420, 386 and 120B of the Indian Penal Code.

As per the allegation in the complaint, a sale deed dated 20.03.2015 was executed by one Basudeo Raut in favour of petitioner nos. 1 and 2 in which petitioner nos. 3 and 4 are said to be the witnesses. It is further stated by the complainant that

Patna High Court CR. MISC. No.67255 of 2019(3) dt.27-11-2019 2/2 the said land belong to the complainant and Basudeo Raut and the petitioners have cheated her.

It is submitted by learned counsel for the petitioners that from reading of the complaint itself it would transpire that the matter is purely one of civil dispute, the land in question in the complaint being a subject matter of an old title suit also. Having heard learned counsel for the parties and taking into consideration that the matter appears to be one of civil dispute between the parties, the court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the court below within a period of six weeks from today in connection with Tr. No. 3341 of 2019 (arising out of Complaint Case No. 1202-C of 2015) is directed to be enlarged on bail on each of them furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah (West Champaran) subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U T