Binod Kumar Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64945 of 2018 Arising Out of PS. Case No.-616 Year-2018 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ======================================================
1. Binod Kumar Singh Son of Kirshna Mohan Singh
2. Krishna Mohan Singh son of Late Baleshwar Singh Both are Resident of Mohalla-Bandhan Tola, Police Station-Ara Nawada in the district of Bhojpur ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Singh wife of Ranjit Kumar @ Ranjit Kumar Singh, Resident of Village-Anaith, Dhobi Patwa, Police Station-Ara Nawada in the district of Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2018 At the outset, it is submitted that during pendency of the instant application under Section 438 of the Code of Criminal Procedure, petitioner no.2, namely, Krishna Mohan Singh has been arrested.
In that view of the matter, the application so far as the petitioner no.2 is concerned, is dismissed as infructuous. The petitioner seek pre-arrest bail in connection with Complaint Case No.616(c) of 2018 in which cognizance has been taken against the petitioner and others for the offence punishable under Sections 323, 341, 448, 380 and 420 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.64945 of 2018(2) dt.13-12-2018 2/3 petitioner that the allegation as alleged by the opposite party no.2 is out-and-out false, fabricated and concocted. Petitioner no.1 is brother of the complainant. His father (Petitioner no.2) had purchased a piece of land measuring 1 katha in Ara town from own income, as he was employed in Merchant Nevy. However, the opposite party no.2 started to demand share in the said piece of land for which he was not ready. He contended that so far as the alleged will is concerned, the opposite party no.2 had already filed Title Suit No.141 of 2017, which is pending before the court of learned Sub Judge, Ara.
On the other hand, learned counsel for the complainant submitted that the petitioners had pressurized the complainant to return her ornaments and the petitioner no.2 had promised to register a piece of land in her favour in lieu thereof and executed a forged will in her favour. However, after verification, that will was detected to be false. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of six weeks, the petitioner no.1 Binod Kumar Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.64945 of 2018(2) dt.13-12-2018 3/3 learned Additional Chief Judicial Magistrate-VIII, Bhojpur, Ara in connection with Complaint Case No.616(C) of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Sanjeet/- U T