Indira Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80189 of 2019 Arising Out of PS. Case No.-260 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

INDIRA SINHA Wife of Late Braj Nandan Singh 2.

Atul Kumar Singh Son of Late Braj Nandan Singh 3.

Alok Kumar Singh @ Alok Kumar Son of Late Braj Nandan Singh All are resident of Village - Janakdhari Lal Road Danapur, P.S.- Danapur, District- Patna, Presently residing in C/O - Children Mirror School Ravinagar, P.S.- Mugalsarai, District- Chandauli, U.P. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ram Sunder Prasad Son of Late Raghunandan Prasad R/O - Naya Jail Road Ward No. 6, Shiv Kishori Niwas Sitamarhi Court, P.S.- Dumra, DistrictSitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 260(C) of 2013 registered for the offence punishable under Sections 420/504/506/120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that admittedly the case which has been lodged against the present petitioners are a dispute of civil nature and that the complainant has already taken steps for getting himself impleaded in the Title

Patna High Court CR. MISC. No.80189 of 2019(2) dt.06-12-2019 2/2 Suit which he says was to the knowledge of the present petitioners and concealing the same, they had executed the sale deed. Learned counsel for the petitioner further submits that if at all, there is a dispute regarding the sale and purchase of the land as has been stated in the complaint petition. It is a dispute of civil nature which can be addressed in a court of competent jurisdiction and, therefore, the present petitioners may be extended the privilege of pre-arrest bail.

Considering the nature of allegations made and the dispute between the parties which is already being addressed by a Court of civil jurisdiction in Title Suit No. 126 of 1996, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four 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 ACJM, VI, Danapur, Patna, in connection with Complaint Case No. 260(C) of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) Saif/- U T