Gautam Pandey @ Gotam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78713 of 2019 Arising Out of PS. Case No.-733 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Gautam Pandey @ Gotam Pandey, (Male), aged about 73 years, Son of Late Mahadev Pandey, Resident of Village- Mohammadpur, P.S.- Mohammadpur, District- Gopalganj.

2.

Bashistha Kumar Pandey @ Bashistha Pandey @ Bashistha Kr. Pandey @ Bashist Kumar Pandey, (Male), aged about 48 years, Son of Gautam Pandey @ Gotam Pandey, Resident of Village - Mohammadpur, P.S.- Mohammadpur, District- Gopalganj.

3.

Satyendra Pandey @ Satendra Pandey, (Male), aged about 40 years, Son of Gautam Pandey @ Gotam Pandey, Resident of Village - Mohammadpur, P.S.- Mohammadpur, District- Gopalganj.

4.

Dharmendra Kumar Singh, (Male), aged about 45 years, Son of Tribhuwan Singh, Resident of Village - Kashi Tengrahi, P.S.- Mohammadpur, DistrictGopalganj. ... ... Petitioners

Versus

1.

The State of Bihar.

2.

Jitendra Pandey, Male, aged about years, Son of Rajendra Pandey, Resident of Village - Mohammadpur, P.S.- Mohammadpur, District- Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Lokesh Kumar Singh, Advocate.

For the State :

Mr. C. Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 420 and 467 of the IPC.

The prosecution story, in brief, is that on Bikrama Mishra executed a gift-deed on 07.05.1973 in the name of

Patna High Court CR. MISC. No.78713 of 2019(2) dt.03-12-2019 2/3 petitioner no. 1, who is Karta of the family for 02 Kathas 19 dhurs land for his three brothers and in the year 1980, 1/3rd share was distributed among them and a Panchnama was prepared, but later on, petitioner no. 1 in collusion with his sonspetitioner nos. 2 and 3 on the instigation of petitioner no. 4 fraudulently executed a sale deed on 07.05.2018 for 01 Katha, 12 Dhurs land in favour of his wife Renu Devi for consideration of Rs. 25 Lacs. Hence, this complaint.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The matter relates to sale and purchase of land between the parties. A title suit is also pending between the parties in the learned court below. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.78713 of 2019(2) dt.03-12-2019 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Gopalganj, in connection with C. Case No. 733 of 2019, Trial No. 1380 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T