Parmod Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60680 of 2018 Arising Out of PS.Case No. -463 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Parmod Singh son of Late Jangbahadur Singh, Resident of VillageHarpur Kasturi, P.O. Warispur, P.S. Bhagwanpur, District- Vaishali, At present R/o Village- Jagodih, P.O. Paura, P.S. Sarai, District- Vaishali.

2. Ful Babu Singh son of Late Surendra Singh, Resident of VillageHarpur Kasturi, P.O. Warispur, P.S. Bhagwanpur, District- Vaishali, .... .... Petitioners

Versus

1. The State of Bihar

2. Shyamlal Das S/o Late Ram Chandra Das, R/o Village- Harivanshpur, P.S. Bhagwanpur, District- Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Manish Chandra Gandhi For the Opposite Parties : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case (C 1A) No. 463/2016 in which cognizance has been taken for the offences punishable under Sections 430 and 504 of the Indian Penal Code.

The complainant claims that petitioner no. 1 executed sale deed in favour of his father in the year 2010 in respect of his Dhanahar land though prior to execution of sale deed he had shown and agreed to sell Bhit land.

Patna High Court Cr.Misc. No.60680 of 2018 (2) dt.08-10-2018 2/2 Admittedly, the land in question was transferred in favour of complainant's father but complainant's father did not file any case in his lifetime and after two years of execution of sale deed, the complainant has brought this case. However, so far as petitioner no. 2 is concerned, there is only allegation against him that he played role of mediator in the aforesaid transaction.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, 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 Shri Umesh Prasad, learned Judicial Magistrate 1st Class, Vaishali at Hajipur in Complaint Case (C 1A) No. 463/2016 subject to conditions as laid down under Section 438(2) of the Cr.P.C.