Inderjit Singh @ Inderjit Yadav @ Indrajit Singh @ Indrajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66862 of 2019 Arising Out of PS. Case No.-303 Year-2018 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

Inderjit Singh @ Inderjit Yadav @ Indrajit Singh @ Indrajit Yadav Son of Ram Awadh Yadav Resident of Village - Matiyari, P.S.- Ramgarh, Dist.- Kaimur (Bhabua).

2.

Udaybhan Singh Yadav Son of Rajdev Singh Yadav Resident of Village - Matiyari, P.S.- Ramgarh, Dist.- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Pandey For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 504 and 506/34 of the Indian Penal Code. The prosecution case is that the co-accused Shailendra Kumar Singh got land of the informant transferred through registered sale deed on 21.08.2018 without making payment of the consideration amount when the informant was taken to the registry office on the pretext of providing old age pension. It is further alleged that petitioner no. 1 was accompanying the buyer of the land in question when petitioner no. 2 is witness to the sale deed of the said land.

Patna High Court CR. MISC. No.66862 of 2019(2) dt.20-11-2019 2/3 It is submitted by learned counsel for the petitioners that the petitioner no. 2 has no role to play in the registration of the sale deed and Title Suit No. 1149 of 2018 was also filed for setting aside the sale deed on 31.10.2018, hence, for a civil nature of dispute, the criminal forum has been misused. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned counsel for the informant submits that the informant has been duped and fraudulently the sale deed got registered.

Considering the fact that the actual beneficiary of the sale deed is co-accused Shailendra Kumar Singh and a title suit has already been filed for annulling the alleged sale deed, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhabua, Kaimur in connection with Ramgarh P.S. Case No. 303

Patna High Court CR. MISC. No.66862 of 2019(2) dt.20-11-2019 3/3 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T