Most. Gomanti Devi @ Gyanti Devi @ Gyanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10485 of 2024 Arising Out of PS. Case No.-4739 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

MOST. GOMANTI DEVI @ GYANTI DEVI @ GYANTI W/O LATE GOPAL SHANKAR RAI R/O VILLAGE- NOORPUR CHANDMARI, P.SSHAHPUR, DISTT.- PATNA. 2.

SANJAY RAI S/O LATE PULAL RAI R/O VILLAGE- NOORPUR CHANDMARI, P.S- SHAHPUR, DISTT.- PATNA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

CHANDAN KUMAR S/O BABAN KUMAR SINGH R/O GOSAI MATH, P.S- GOPALPUR, DISTT.- PATNA, PIN CODE- 800007. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar and Ms. Rina Kumari For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 4739 (C ) of 2022 instituted for the offence under Sections 323, 379, 420, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioners in connivance with other accused persons had taken an amount of Rs. 8,00,000/- against a chunk of land to which they were

Patna High Court CR. MISC. No.10485 of 2024(4) dt.21-06-2024 2/3 agreed to sell @ 24,50,000/- per katha. It is further alleged that alleged land was acquired by the Government in the year 1980-81. A legal notice was sent to the petitioners for returning Rs. 9,22,900/- but they did not return and thereafter the present case.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. It is a civil nature dispute but complainant had tried to give the different colour and lodged criminal case against the petitioners only with a view to harass her.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 4739(C ) of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand each) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.10485 of 2024(4) dt.21-06-2024 3/3 learned Judicial Magistrate 1st Class, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U