Lakshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15776 of 2024 Arising Out of PS. Case No.-154 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Lakshmi Devi Wife of Parmanand Chaudhary, Resident of Village-Sonbarsha, P.S.-Bihpur, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Surendra Kumar Son of Ashutosh Kumar, Resident of Village-Sonbarsha, P.S.-Bihpur, District-Bhagalpur, at present residing at 41A/9, Flat No.-3, Yogmaya Apartment, Basant Kunj, P.S.-Basant Kunj, P.O.-Basant Kunj, New Delhi, Pin code-110070.

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Complaint Case No.154 of 2021 instituted under Sections 323, 341, 448, 379, 420, 467, 468, 471, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the informant and coaccused Dhirendra Kumar are real brothers and in the year 1986 they have partitioned their share and living separately. Coaccused Dhirendra Kumar has sold the share of informant to the petitioner by using his forge name.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15776 of 2024(2) dt.13-03-2024 2/2 petitioner has purchased a piece of land from co-accused Dhirendra Kumar by registered deed dated 17.11.2005 and for the same, there is a title suit pending between the parties and due to land dispute the petitioner has been falsely implicated in this case. He further submits that petitioner is a lady having no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned J.M. 1st Class, Naugachia, District Bhagalpur in connection with Complaint Case No.154 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T