Rajesh Tiwary v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6030 of 2019 Arising Out of PS. Case No.-132 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajesh Tiwary, son of Late Krishna Mohan Tiwary Resident of Village-Lok Dihri, P.S.-Sasaram(M), Distt.-Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ashok Kumar Tiwary, son of Prayag Tiwary, Resident of Village-Lok Dihri, P.S.-Sasaram(M), Distt.-Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.132 of 2017 registered for the offence punishable under Sections 120(B), 420, 467, 468, 323 of the Indian Penal Code but cognizance has been taken under Section 420 of the IPC.

The allegation has been made in the complaint petition that the certain portion of the land of the complainant having been sold by the present petitioner as the cause of filing the present case.

Learned counsel for the petitioner submits that it is

Patna High Court CR. MISC. No.6030 of 2019(3) dt.11-03-2019 2/2 specifically the dispute of the title which cannot be settled in the criminal proceeding. Learned counsel further submitted that the petitioner should approach the Civil Court for competent jurisdiction for necessary relief.

In such view of the matter, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cumSub Judge, Sasaram, Rohtas in connection with Complaint Case No.132 of 2017.

(Shivaji Pandey, J) sanjeev/- U T