Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13565 of 2020 Arising Out of PS. Case No.-529 Year-2013 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

CHANDA DEVI Wife of Haresh Yadav Resident of Village - Doma Hata, P.S. Manjhagarh, District- Gopalganj.

2.

Mukhiya Yadav Son of Bhagelu Yadav Resident of Village - Doma Hata, P.S. Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Shrivastava Son of Late Bashist Prasad Resident of Village - Doma Hata, P.S. Manjhagarh, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 467, 468 and 120B of the Indian Penal Code.

Allegedly, the complainant alleged that his land has been sold by Kailashpati Prasad to the petitioner No. 1 and Mus Chaudhary through registered sale deeds though Kailashpati Prasad had no title over the same.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.13565 of 2020(2) dt.24-06-2020 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is a dispute of sale and purchase of land between the parties. The matter relates to civil dispute.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Complaint Case No. 529 of 2013, Trial No. 1651 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T