Gulabi Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6928 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ======================================================

1. Gulabi Devi (Female-40 Years), Wife of Bharath Paswan, Resident of Mohalla- Sipahpur, P.S. Ahiyapur, District-Muzaffarpur.

2. Kamali Devi(Female-42 Years), Wife of Rajendra Paswan, Resident of Village-Madhopur, P.S. Kudhani, District-Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bhavesh Kumar, Advocate.

For the Opposite Party :

Mr.Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 406, 420, 467, 468 and 471/34 of the IPC.

The prosecution story, in brief, is that the informant was well acquainted with the accused Kedar Rai and Kedar Rai asked him for purchasing some land from petitioners Gulabi Devi and Kamali Devi. Thereafter, informant paid Rs. 51,000/- to both the petitioners in advance, for which, a Mahadnama was prepared. Later on, informant gave Rs. 1,50,000/- to accused Kedar Rai and asked for executing sale deed but the accused

Patna High Court Cr.Misc. No.6928 of 2019(2) dt.06-02-2019 2/3 persons started evading and untimely, they refused to execute sale deed and also refused to return his money. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioners are ladies. An agreement for sale of a piece of land had been made between the informant and accused persons. Since execution of land could not take place, hence, prosecution has been brought. The matter relates to civil dispute.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 623 of 2018, arising out of Compalint Case No. 1766 of

Patna High Court Cr.Misc. No.6928 of 2019(2) dt.06-02-2019 3/3 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T