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Patna High CourtCR. MISC./14868/2023allowed

Priyanka Kumari v. The State Of Bihar

2023-06-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14868 of 2023 Arising Out of PS. Case No.-115 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

PRIYANKA KUMARI WIFE OF CHANDAMANI SINGH @ CHANDRAMANI SINGH R/O VILLAGE- JAMLA, P.S.- MUFFASIL MOTIHARI, DISTRICT- EAST CHAMPARAN 2.

CHANDRAMANI SINGH @ CHANDAMANI SINGH SON OF LATE SHIVNATH SINGH R/O VILLAGE- JAMLA, P.S.- MUFFASIL MOTIHARI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari Mr. Pravin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120B, 387 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners are the bonafide purchaser of

Patna High Court CR. MISC. No.14868 of 2023(3) dt.23-06-2023 2/2 the land in question and got registered it from Kanti Devi. He further submits that a title suit is pending between the parties and the present case relates to civil dispute. Petitioner no.1 has no criminal antecedent whereas petitioner no.2 has one criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Learned counsel for the informant submits that the informant has filed a title suit against the accused persons.

Having regard to the facts and circumstances of the case as this is a case of civil dispute, 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town P.S. Case No.115 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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