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Patna High CourtCR. MISC./12741/2022bail granted

Tripul Devi @ Triful Devi v. The State Of Bihar

2022-10-11Mr. Justice Satyavrat Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4916 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== Rajo Devi, W/O Late Shyam Singh Resident Of Village- Ladama, P.S.- Alamnagar, District- Madhepura (Bihar) ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12741 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Tripul Devi @ Triful Devi, Wife Of Sri Bindeshwari Singh @ Vindeshwari Singh Resident Of Village - Ladama, P.S. - Alamnagar, District - Madhepura.

2.

Rita Devi, D/O Bindeshwari Singh, Wife Of Rajo Singh Resident Of Village - Ladama, P.S. - Alamnagar, District - Madhepura And Permanent Address Of Village - Piparpati Tola Puraini, P.S. - Puraini, District - Madhepura. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 4916 of 2022) For the Petitioner/s :

Mr. Anant Kumar 1 For the Opposite Party/s :

Ms. Rina Sinha (In CRIMINAL MISCELLANEOUS No. 12741 of 2022) For the Petitioner/s :

Mr. Anant Kumar 1 For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 CRIMINAL MISCELLANEOUS No.4916 of 2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest

2/5 in a case registered for the offences punishable under Sections 406, 420, 467, 468, 470 and 471 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the informant alleges that he has 17 acres 77 decimals of land at Mauza-Ladama, Anchal- Alamnagar and the same is recorded in the name of his father. It is next alleged that informant is using the land for agricultural purposes and during the lifetime of his father, the said land was not sold to anyone. It is further alleged that all 14 named accused persons including the petitioner have mutated the entire lands in their name and in the name of their forefathers on basis of forged documents in collusion with the Circle Officer, Alamnagar.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that the informant has also filed a Mutation Appeal in the Court of D.C.L.R., Udakishunganj, Madhepura. It is next submitted that the lands were sold by the father of the informant in favour of the petitioner and her family members and they are holders of the sale deed executed by the father of the informant. The learned counsel next submits that from perusal of the allegation, it would manifest that the dispute is

3/5 civil in nature and the informant is already pursuing his remedy before the D.C.L.R.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Alamnagar P. S. Case No.152 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

CRIMINAL MISCELLANEOUS No. 12741 of 2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 470 and 471 of the Indian Penal Code. The learned counsel for the petitioners submits that

4/5 the petitioners are persons with clean antecedent and are women and the informant alleges that he has 17 acres 77 decimals of land at Mauza-Ladama, Anchal- Alamnagar and the same is recorded in the name of his father. It is next alleged that informant is using the land for agricultural purposes and during the lifetime of his father, the said land was not sold to anyone. It is further alleged that all 14 named accused persons including the petitioners have mutated the entire lands in their name and in the name of their forefathers on basis of forged documents in collusion with the Circle Officer, Alamnagar. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the informant has also filed a Mutation Appeal in the Court of D.C.L.R.

, Udakishunganj, Madhepura. It is next submitted that the lands were sold by the father of the informant in favour of the petitioners and her family members and they are holders of the sale deed executed by the father of the informant. The learned counsel next submits that from perusal of the allegation, it would manifest that the dispute is civil in nature and the informant is already pursuing his remedy before the D.C.L.R.

The learned Additional Public Prosecutor opposes the

5/5 anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Alamnagar P. S. Case No.152 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T