Meera Devi @ Meena Devi And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17890 of 2017 (3) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17890 of 2017 Arising Out of PS.Case No. -1904 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Meera Devi @ Meena Devi, wife of Birendra Chauhan, resident of Village- Sahajpura, Tola, Mobarakpur, P.S. Nawada Town, DistrictNawada.

2. Vijay Chauhan, Son of Late Jawahir Chauhan, Resident of VillageSahajura, P.S. Nawada Town, District -Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Subelal Chauhan, Son of Jagdish Chauhan.

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

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1904 of 2014/ 61 of 2015 registered under Sections 467, 468 and 471/34 of the Indian Penal Code. The accusation is that complainant, Subelal Chauhan, got executed the sale deed in respect to old Khata No. 1358, Plot No. 7402, new Khata No. 2240, Plot No. 3896 area 9.50 decimal on 29.12.2012 from Jagdish Chauhan and came in possession of the land. The petitioner and others accused named in the F.I.R. got executed the forged sale deed showing old Khata No. 1358 plot no. 740 area 10 decimal showing Plot No. 7402. On 23.11.2014, all accused persons named in the F.I.R. including the petitioners

Patna High Court Cr.Misc. No.17890 of 2017 (3) dt.20-07-2017 started to abuse and assault and also threatened to dispossession of the said land.

Learned counsel for the petitioners submits that while petitioners got executed the sale deed in the year 2003 in respect to land in dispute but later on, in the year 2012 the complainantopposite party no. 2 got executed the sale deed to his own father, Jagdish Chauhan only to give undue pressure and vacate the land in dispute the present case has been lodged. Moreover, the dispute is of civil in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Complaint Case No. 1904 of 2014/ 61 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T