Srimati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13346 of 2023 Arising Out of PS. Case No.-59 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

SRIMATI DEVI Wife of Late Chandradeep Singh Resident of Village - Fakuli, P.S.- Chapra Muffasil, District - Saran at Chapra. 2.

Sanjay Kumar Singh Son of Late Chandradeep Singh Resident of Village - Fakuli, P.S.- Chapra Muffasil, District - Saran at Chapra. 3.

Dhananjay Kumar Singh @ Dhananjay Singh Son of Late Chandradeep Singh Resident of Village - Fakuli, P.S.- Chapra Muffasil, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajiv Ranjan Singh Son of Baliram Singh Resident of Village - Fakuli, P.S.- Chapra Muffasil, District - Saran.

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

For the Petitioner/s :

Mr. Rabindra Kumar Tiwari For the State :

Mr. Nityanand For the Opposite party No.2:

Mr. Harsh Anuj Mr. Prashant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the opposite party no. 2.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 120B, 467, 468, 420, 406, 409, 384, 504 and 534/06 of the Indian Penal Code but learned Court below has taken cognizance under Section 418, 420, 504 of I.P.C.

3. As per the prosecution case, it is alleged that

Patna High Court CR. MISC. No.13346 of 2023(4) dt.07-08-2023 2/3 when the complainant obtained certified copy of the sale deed of his land from Registry officer, it came to knowledge that the petitioners, taking the official and scribe in their collusion, had prepared a forged sale deed regarding land of the complainant which he had sold to Uma Shankar.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that no specific overt act against the petitioner. He further submits that due to forgery committed by the complainant, petitioner no. 1 has lodged an F.I.R. against the complainant and others. Petitioner no. 1 has no criminal antecedent and petitioners no. 2 and 3 have one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the opposite party no.2 opposed prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is civil nature dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court

Patna High Court CR. MISC. No.13346 of 2023(4) dt.07-08-2023 3/3 below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint P.S. Case No.59 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T