Shivji Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9615 of 2016 Arising Out of PS.Case No. -370 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Shivji Rai son of Late Mahavir Rai
2. Arti Devi wife of Shivji Rai
3. Anjali @ Anjali Kumari @ Anjali Devi wife of Umesh Rai
4. Umesh Kumar @ Umesh Rai son of Shivji Rai
5. Dinesh Rai @ Dinesh Kumar son of Shivji Rai. Above all are resident of vill.- Jhirua Mal Daulatpur, P.S.- Hajipur Sadar, District- Vaishali
6. Satyanarayan Singh son of Sakaldeep Singh, Resident of villageRahimpur, P.S.- Bidupur, District- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. U.S. Pd. Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Hajipur Sadar P.S. Case No. 370/15 for offences alleged under Sections 420, 467, 468, 471, 472, 120-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant Punam Devi, is that the accused petitioner Shivjee Rai getting informant's daughter Tanuja Devi impersonated by his daughterin-law Anjali Devi got the valuable land of informant's daughter
Patna High Court Cr.Misc. No.9615 of 2016 (2) dt.30-03-2016 2/3 Tanuja Devi transferred in the name of his wife Arti Devi by forged sale-deed under a conspiracy with all accused persons. It has been submitted by the learned counsel for the petitioners that they have falsely been implicated in the aforesaid case, the informant's husband had two wives and the informant is one of them. Informant has already initiated Probate Case No. 45/12. It has further been submitted that the sale-deed is a genuine one and the daughter of the informant Tanuja Devi has been found to be mentally disturbed by the court below without her medical examination, which itself casts suspicion about the mental health of Tanuja Devi, the executrix of the sale deed. He further submits that the matter is a civil dispute. Learned APP for the State, however, submits that the petitioners are named in the First Information Report and opposes the prayer for bail.
Since the matter appears to be a civil dispute disputing the authenticity of the executrix of the sale deed, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at
Patna High Court Cr.Misc. No.9615 of 2016 (2) dt.30-03-2016 3/3 Hajipur, in connection with Hajipur Sadar P.S. Case No. 370/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T