IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37908 of 2008
Bipin Kumar Chaudhary & Anr
Versus
State Of Bihar & Anr
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2 21.7.2011 Heard learned counsel for the petitioners and the
counsel appearing on behalf of the State.
The allegation in the complaint petition is that the
petitioners have got a sale deed executed in their favour by Lalan
Choudhary @ Ram Niranjan Choudhary.
Learned counsel for the petitioners submits that
complainant Lalan Choudhary @ Ram Niranjan Choudhary was
living with accused nos. 1 and 2 for years together. Finally, he
executed a sale deed in their favour. According to the
complainant, the petitioners had threatened him with his life and
got the sale deed executed. It is further submitted that the only
remedy available for Lalan Choudhary @ Ram Niranjan
Choudhary is to file a case for setting aside the sale deed. It has
been pointed out that the brother of the complainant has also filed
a similar case alleging that his brother has executed a sale deed in
favour of the petitioners by pressurizing the complainant to
execute the sale deed.
Issue notice to opposite party no. 2 by ordinary
process. A copy of notice should also be filed in the office of this
Court to be served on the counsel appearing on behalf of opposite
party no. 2 in Complaint Case No. 345 of 2008 through the Court
of the Sub-divisional Judicial Magistrate, West Muzaffarpur.
2
Requisites etc. for which must be filed within a period
of one week failing which this application shall stand dismissed
without further reference to a Bench.
List this case on appearance of opposite party no. 2.
In the mean time, further proceedings in the aforesaid
case shall remain stayed subject to the fact that the trial has not
commenced in this case.
Sanjay ( Sheema Ali Khan, J.)