Raghavendra Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.370 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- BUXAR District- Buxar ======================================================

1. Raghavendra Prasad S/o Late Raghuvir Ram,

2. Meena Prasad, W/o Raghavendra Prasad Both are Resident of Village-Tola Semra, P.S.- Brahmpur, District- Buxar, presently Residing at Malda Town, Government Colony, No.-1, Malda, P.S.-Malda T District and Town Malda West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate.

For the Opposite Party/s :

Md. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Buxar (Town) P.S. Case No. 540 of 2018 dated 01.10.2018 instituted for the offences under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The informant who is one of the co-sharers of the petitioners has alleged that without there being any partition in the family property, 11 decimals of land have been unauthorizedly sold/alienated by the petitioners. Learned counsel for the petitioners has submitted that there has been a partition in the family, though by way of a private arrangement and the

Patna High Court Cr.Misc. No.370 of 2019(2) dt.30-01-2019 2/2 petitioners have only sold that part of the property which has fallen in their share. Apart from this, learned counsel for the petitioners has submitted that there is a domestic dispute with respect to partition and therefore the petitioner has been maliciously made accused in this case.

Considering the facts aforesaid, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Nagar) P.S. Case No. 540 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T