Devanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9201 of 2020 Arising Out of PS. Case No.-1315 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== DEVANTI DEVI Wife of Sukhdeo Pandit Resident of Village - Kathavara, P.S.- Chakai, District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arjun Pandit Son of Late Horil Pandit Resident of Village - Simariya Tola, P.S.- Kathavara, District - Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Satyabrat Verma, learned A.P.P. for the State. The petitioner apprehends her arrest in connection with Complaint Case No. 1315C of 2017 for the offence registered under Sections 323, 504 and 420/34 of the Indian Penal Code. The case of the complainant in brief is that on 11.10.2006, the petitioner is alleged to have sold her land to one Arjun Pandit by registered sale deed, however, subsequently when the

Patna High Court CR. MISC. No.9201 of 2020(3) dt.26-06-2020 2/3 complainant was sprinkling fertilizer on the said land, which he had purchased from the petitioner herein, three accused persons came there and told him that the land belongs to them since the petitioner herein has sold the said land to them. Thus, the allegation in nutshell against the petitioner herein is of selling the same land twice.

The learned counsel for the petitioner has submitted that at best the allegation levelled in the present case is of civil nature and the complainant would be well advised to approach the competent court having civil jurisdiction for redressal of his grievances. It is further submitted that the petitioner is a lady, she is innocent and is having a clan antecedent. Having regard to the facts and circumstances of the case, and considering the submissions made by the learned counsel for the petitioner coupled with the fact that the allegations levelled in the present case are prima facie in the nature of civil dispute and moreover the petitioner is stated to be having a clean antecedent, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four

Patna High Court CR. MISC. No.9201 of 2020(3) dt.26-06-2020 3/3 weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3rd, Jamui in connection with Complaint Case No. 1315C of 2017 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T