Birendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86962 of 2019 Arising Out of PS. Case No.-2268 Year-2016 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Birendra Kumar Singh, S/o Late Maheshwari Prasad Singh Resident of Village- Kukraun Amari, P.S.- Dhamdaha, Distt- Purnea. 2.

Munna Gupta, S/o Late Balmukund Gupta Resident of Village- Kukraun Amari, P.S - Dhamdaha, Distt- Purnea.

3.

Sanjay Kumar Gupta, S/o Shyam Sundar Gupta Resident of VillageKukraun Amari, P.S.- Dhamdaha, Distt- Purnea. 4.

Afjal Mansooree @ Md. Afjal Musury, S/o Late Idrish Mansooree Resident of Village- Kukraun Amari, P.S.- Dhamdaha, Dist- Purnea. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sabita Devi W/o - Rajendra Prasad Sah Resident of Village- Basaiti, P.S.- Bounsi, Distt- Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Complaint Case No.2268C of 2016 registered for the offences punishable under Sections 342, 385, 420, 506 of the I.P.C.

3. The accusation against the petitioners is that they took the complainant and her husband, forcibly got executed two sale deeds on two different dates in respect of lands of the

Patna High Court CR. MISC. No.86962 of 2019(2) dt.20-02-2020 2/2 complainant.

4. Submission on behalf of the petitioners is that the petitioner no.2 happens to be cousin brother of the informant and as a matter fact that there was land dispute between the parties and not only the present case rather complainant has filed some other cases too, against the petitioner no.2.

5. Learned Additional Public Prosecutor opposed the Prayer, but Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Araria in connection with Complaint Case No.2268C of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T