Sabji Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12311 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- MAHESI District- East Champaran ====================================================== 1.

Sabji Devi, aged about 32 years (F), Wife of Ramjanam Sahani. 2.

Ram Pravesh Sahani, aged about 48 years (M), Son of Late Dharichan Sahani.

3.

Suresh Baitha, aged about 45 years (M), Son of Late Mahendra Baitha. All Residents of Village - Chakalhuran, P.S.- Mehsi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Mehsi P.S. Case No. 268 of 2018 registered for offences under sections 420, 467, 468, 34 of the Indian Penal Code.

A complaint has been filed by the daughter-in-law making a complaint that the petitioners have got the sale deed of the land executed.

Learned counsel for the petitioners submits that neither there is any detail of the land nor the date of execution of the sale deed as also there is no mention of any person who

Patna High Court CR. MISC. No.12311 of 2019(2) dt.28-02-2019 2/2 has executed the sale deed and submits that a vague statement has been made in the complaint filed by the complainant. He further submits that the present case relates to partition and civil dispute as also no suit has been filed for setting aside the sale deed.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No. 268 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T