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Patna High CourtCR. MISC./8136/2023allowed

Kamakhya Narayan v. The State Of Bihar

2023-04-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8136 of 2023 Arising Out of PS. Case No.-645 Year-2022 Thana- SONEPUR District- Saran ====================================================== 1.

Kamakhya Narayan S/O Triloki Nath Singh Resident Of Village- Bharpura, P.S.- Sonpur, District- Chapra (Saran).

2.

Ragini Devi W/O Ashok Kumar Singh Resident Of Village- Maharana Pratap Colony, Before Om Iti. First Floor Ramashish Chowk, P.S.- Hajipur Sadar, District- Vaishali.

3.

Kumari Sarita W/O Sri Ranjay Kumar Singh Resident Of Village- Maharana Pratap Colony, Before Om Iti. First Floor Ramashish Chowk, P.S.- Hajipur Sadar, District- Vaishali.

4.

Sunanda Kumari W/O Sri Saket Nagvanshi Resident Of VillageHarpuranand, P.S.- Nayagaon, District- Chapra- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the alleged gift deed of the informant is forged and fabricated for which the petitioner no. 1 has filed Partition Suit No. 02 of 2020 for declaration that the said gift

Patna High Court CR. MISC. No.8136 of 2023(2) dt.17-04-2023 2/2 deed is forged and fabricated. Other petitioners have also filed Partition Suit No. 63 of 2022 which is also pending before the learned court below. He submits that there is civil dispute between the parties for which civil case is going on and no criminal case is made out against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.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 Sonepur P.S. Case No. 645 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T