Suresh Chandra Mehta And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69996 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- COMPLAINT CASE District- Jamui ======================================================
1. SURESH CHANDRA MEHTA, Son of Late Prayag Narayan Mehta,
2. Lalita Devi, W/o Murari Sonar,
3. Murari Sonar, S/o Late Shankar Sonar, All resident of VillageGidhaur P.S.- Gidhaur, Dist- Jamui. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Asha Devi, W/o Umesh Chandra Mehta, Resident of Village- Ratanpur, P.S.- Gidhaur, Dist- Jamui.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh For the Opposite Party/s :
Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned Counsels for the petitioners, complainant and learned APP for the State.
The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 467 and 120B of the Indian Penal Code.
The prosecution case as per the complainant is that the
Patna High Court Cr.Misc. No.69996 of 2018(2) dt.05-12-2018 2/3 petitioner no.1, Suresh Chandra execute a sale deed fraudulently of the land of the complainant in favour of petitioner nos. 2 and 3 namely, Lalita Devi and Murari Sonar respectively. It is submitted by learned counsel for the petitioners that the petitioner no.1 sold his own share of land. However, the complainant alleged that his share of land has been sold by the petitioner no.1. It is further submitted that there is land dispute between the mother of the petitioner no.1 and the complainant at earlier point of time. A statement has been made in paragraph no.3 of the petition that petitioner no.1 has been made accused in two more cases in which he has been acquitted, so far as petitioner nos. 2 and 3 are concerned, they are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR and there is specific accusation against them.
Considering the fact that the accusation has been levelled in the background of earlier land dispute between the parties which is of civil in nature, 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 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.69996 of 2018(2) dt.05-12-2018 3/3 learned JM 1st Class, Jamui in connection with Complaint Case No. 103C of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T