Tapas Kumar Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1555 of 2023 Arising Out of PS. Case No.-563 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Tapas Kumar Ghosh Son Of Late Krishan Gopal Ghosh R/O Ward No. 9, Satsang Bihar, Maranga, P.S.- K. Hat, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Most. Asha Rani Ghosh @ Asha Ghose Son Of Daughter Of Late Navadeep Chandra Ghosh, Wife Of Late Chitranjan Ghosh @ Keshav Ghosh R/O Maranga, P.S.- K. Hat (MARANGA), Distt.- Purnea At Present Resident Of B-55, J.J. Colony, Sector-7, Pappan Canal, Dwarika, South West Delhi110075 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Vakalatnama is filed on behalf of the opposite party no. 2 but opposite party no. 2 is not appeared. Petitioner apprehends his arrest in connection with Complaint Case no. 563 of 2022 registered for the offences punishable under Sections 465, 468, 417, 419 of the Indian Penal Code.

As per the prosecution case, there is dispute regarding partition of ancestral property between petitioner, opposite party and other co-sharers.

Patna High Court CR. MISC. No.1555 of 2023(2) dt.03-05-2023 2/2 Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that petitioner has not sell the share of opposite party no. 2 to another persons. Learned counsel for the petitioner further submitted that there is Title suit No. 18 of 2014 is pending in the court below in between petitioner and other persons including the opposite party no. 2. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Considering the facts that it is case of civil nature as well as submissions of the parties, let the above named petitioner, in the event of his 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 to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Complain Case No. 563 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T