Dinesh Modi & Ors. vs The State Of Bihar on 24 February, 2016

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Patna High Court - Orders

Dinesh Modi & Ors. vs The State Of Bihar on 24 February, 2016

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.8721 of 2016

                     Arising Out of PS.Case No. -256 Year- 2014 Thana -SAUR BAZAR District- SAHARSA
                 ======================================================
                 1. Dinesh Modi Son of Banarsi Modi
                 2. Godawari Devi Wife of Dinesh Modi
                 3. Shyam Sundar Yadav@Manoj Kumar Yadav
                   Son of Adhiklal Yadav All Resident of Village : Gamharia P.s Sour
                 Bazar, District Saharsa.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Javed Aslam, Advocate
                 For the Opposite Party/s   : Mr. Gulnar Begum(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER


2   24-02-2016

Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468 of the Indian Penal Code.

The prosecution case is that an area of 06 katha, 10 dhur, 10 dhurki bearing khata no. 299, plot no. 5016 was purchased by a registered sale deed on 25.12.1985 by the father of the informant from Janak Lal Yadav. The Accused Ritlal Yadav, Jagarnath Yadav and Mahadeo Patna High Court Cr.Misc. No.8721 of 2016 (2) dt.24-02-2016 2 Yadav executed sale-deed of the said land in favour of Godawari Devi, petitioner no. 2. Petitioner no. 1 is the husband of petitioner no. 2, whereas petitioner no. 3 Shyam Sundar Yadav @ Manoj Kumar Yadav and Ajay Kumar Yadav was introducer and witness of the sale deed.

It is submitted by the learned counsel for the petitioners that the said land was purchased by Satrughan Mandal, the father of accused Ritlal Yadav, Mahadeo Yadav and Jagarnath yadav in the year 1969 from Kanhaiya Bishwas. With regard to land in question proceeding under Sections 144, 145, 146 Cr.P.C. is going on . The proceeding under Section 106 B.T. Act Title Suit No. 440 of 1982 was initiated between the parties. In the Revenue Records the name of the vendor of petitioner no. 2 is recorded. On conclusion of investigation petitioners are not sent up for trial, but differing with the Final Form cognizance has been taken.

Considering the nature of accusation being civil in nature, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 256 of 2014, subject to conditions as laid Patna High Court Cr.Misc. No.8721 of 2016 (2) dt.24-02-2016 3 down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./-

  U         T

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Patna High Court - Orders