Dhirendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72485 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== Dhirendra Mandal, Son of Late Triveni Mandal, Resident of Village - Kailu Tol, Sukhsena, P.S.- Barhara, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 172 of 2019 registered under Sections 467, 468, 471 and 420 of the Indian Penal Code.

The accusation is that Nitya Nand Jha executed the three sale deeds in respect to plot no. 3707 of Khata No. 501 area 8 acre 86 decimals of village Sukhsana in year 2008 in favour of Punam Devi, wife of the informant and the name was also mutated and thereafter, informant came in peaceful possession. After execution of the sale deeds, petitioner and Arjun Mandal started claiming the aforesaid land showing forged sale deed dated 26.12.1989 of plot no. 3707, Khata No. 501 in the name of Maniya Devi, mother of the petitioner and the petitioner started to create trouble with the informant. Thereafter, informant obtained the sale deed no. 12837 and on query,

Patna High Court CR. MISC. No.72485 of 2019(2) dt.06-02-2020 2/2 he came to know that the sale deed no. 12837 was executed by Manorma Devi, Smt. Kaushlaya Devi, Phulmati Devi and Smt. Rasmani Devi in favour of Kalu Yadav, Hanuman Yadav and Billu Yadav. As such, sale deed in the name of Maniya Devi is forged. Learned counsel for the petitioner submits that Maniya Devi, mother of the petitioner, is bona fide purchaser and land in question which is said to be purchased by the informant in the name of his wife Punam Devi in the year 1989 is illegal but only to give undue pressure, the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned J.M. Ist Class, Purnea, in connection with Barhara P.S. Case No. 172 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T