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Patna High CourtCR. MISC./2764/2025allowed

Damyanti Devi v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2764 of 2025 Arising Out of PS. Case No.-398 Year-2023 Thana- SAHPUR District- Patna ====================================================== 1.

Damyanti Devi W/O - Sri Satish Singh and D/o - Kapildev Singh R/o Village- Aiyara, P.S.- Karpi, District- Arwal 2.

Satish Singh S/o Vishnudev Singh R/o Village- Aiyara, P.S.- Karpi, DistrictArwal ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Birendra Sharma S/o Late Vishnudev Singh R/o Village- Bhagwatipur, P.S.- Shahpur, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Sr. Advocate Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP For the O.P. No.2 :

Mr. Navin Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsels for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 387 and 120B of the Indian Penal Code and 27 of Arms Act. 3.

As per the FIR, the petitioners and other co-accused persons, forcibly tried to fix pillar on the land of the informant When the informant went to the place of occurrence, the coaccused persons including the petitioner no.2 demanded Rs. Four Crore as ransom from the informant.

4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.2764 of 2025(2) dt.07-02-2025 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the father of petitioner no.1 had never executed any gift deed in favour of the wife of the informant. Petitioner no.1 is the sole legal heir to the left out landed properties of her deceased father and petitioner no.2 is the husband of petitioner no.1. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners, in association with other coaccused persons threatened the informant to forcibly grab the possession of the land in question by preparing forge documents.

6.

Having regard to the facts and circumstances of the case, since this is a matter of civil dispute between the parties, 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 six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.2764 of 2025(2) dt.07-02-2025 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shahpur P.S. Case No.398 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS. (Anjani Kumar Sharan, J) shikha/- U T