Rajpatiya Kuwar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16510 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================
1. Rajpatiya Kuwar Wife of Late Kashi Ram Resident of Village - Karahi, P.S.- Bashantpur, Dist- Siwan
2. Naina Devi Wife of Dina Nath Yadav Resident of Village - Sisai, P.S.. Gorya Kothi, District - Siwan
3. Maya Devi Wife of Tulsi Roy Resident of Village - Risaura, P.S.- Maharajganj, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.
The petitioners apprehend their arrest in Bashantpur P.S. Case No. 123/2015 arising out of complaint case no. 1598/2015, registered for the offences punishable under Sections 406, 420, 468, 120B, 34 of the Indian Penal Code.
The informant alleged that the petitioners executed a deed of agreement to sell the land bearing Khata no. 114, Survey no. 491 in his favour for which he paid Rs. 68,000/-, but they did not execute the sale deed. Thereafter, he enquired into the matter got the copy of deed from the Registrar Office, Siwan which transpired that the aforesaid land was in the share of brother of the
Patna High Court Cr.Misc. No.16510 of 2016 (2) dt.12-05-2016 2/2 husband of Rajpatiya Kuwar, petitioner no. 1. It is submitted that the aforesaid land is in the name of husband of the petitioner no. 1. She never executed any sale deed in his favour and did not cheat the complainant. It transpired that dispute is of civil nature.
Considering the facts aforesaid and the fact that dispute is of civil nature and petitioners are being ladies, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Bashantpur P.S. Case No123/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T