Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2048 of 2024 Arising Out of PS. Case No.-5 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Santosh Kumar Son of Ram Pars Singh @ Ram Parikshan Singh Resident of Village - Mafi, Police Station - Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Soni Kumari Daughter Of Late Srikant Singh Resident of Village - Bahchha, P.S. - Halsi, District - Lakhisarai working as Aanganwari Sevika ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP Mrs. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 7.

16-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. As per F.I.R., the informant has alleged that she has no brother but has two sisters and this petitioner, who is her maternal brother in connivance with other co-accused persons after the death of her mother, got the land of the informant/opposite party no. 2 executed in his favour by producing forged and fabricated documents.

Patna High Court CR. MISC. No.2048 of 2024(7) dt.16-07-2024 2/2

4. Learned counsel for the petitioner submits that as a matter of fact there is property dispute between the parties. The dispute involved in the petition is of civil nature and none of the acts allegedly committed by the petitioner give rise to any criminal liability. It is out-and-out a civil dispute, for which, informant/opposite party no. 2 has got some other remedy. Petitioner claims clean antecedent.

5. Learned counsel for the informant / opposite party no. 2 vehemently opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Halsi P.S. Case No. 5 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T