Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6113 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -SC/ST District- PURNIA ======================================================
1. Sumitra Devi wife of Subhash Thakur @ Subhash Kumar Thakur, resident of Mohalla- Shanti Nagar Maranga, P.S.- Maranga, District- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.
The petitioner apprehends her arrest in Purnea SC/ST P.S. Case No. 82 of 2014, registered for the offences punishable under Section 420 and other Sections of the Indian Penal Code and Sections 3(i)(iv)(v)(x) of the SC/ST Act.
The informant named the petitioner in her complaint petition and alleged that Arjun Kumar Sinha the accused no. 1 executed a sale deed with regard to a piece of land. Arjun Kumar Sinha again executed a sale deed with regard to the same land in favour of Mahendra Kumar Singh and Mahendra Kumar Singh sold the land to the petitioners. The complainant alleged that on the date of occurrence this petitioner along with others also came and the petitioner is alleged to have picked up purse of the
Patna High Court Cr.Misc. No.6113 of 2015 (2) dt.13-02-2015 2/3 complainant.
Learned counsel for the petitioner submits that the complainant herself filed four case Annexure-2 Complaint Case No. 1418 of 2008, Annexure-3 Sadar Purnea P.S. Case No. 31 of 2013 and Annexure-4 2237 of 2014. It is further submitted that the date of occurrence is 08.06.2014, but the complaint was filed on 16.08.2014 on the basis of which the present FIR was lodged. On the other hand learned counsel for the informant while opposing the prayer for anticipatory bail of the petitioner submits that the petitioner also purchased the same land from Mahendra Kumar Singh.
It appears that the informant lodged four cases against Arjun Kumar Sinha and others. The petitioner is a simply subsequent purchaser that too from Manendra Kumar Singh. The dispute is of civil nature.
Considering the facts aforesaid the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 the learned Chief Judicial Magistrate, Purnea in connection with Purnea SC/ST P.S.
Patna High Court Cr.Misc. No.6113 of 2015 (2) dt.13-02-2015 3/3 Case No. 82 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T