Manorma Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32747 of 2015 Arising Out of PS.Case No. -487 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Manorma Devi W/o Late Sunil Singh @ Lutan Singh,
2. Divya Kumari, W/o Manish Singh, D/o Sunil Singh @ Lutan Singh,
3. Somya Kumari, D/o Late Sunil Singh @ Lutan Singh, All resident of village - Berma, P.S. - Karai Parsurai, District - Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Dinesh Prasad Son of Shree Bhagwan Sao, R/o Mohalla - Salempur, Barh, P.S. - Barh, District - Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyanendra Kumar Singh For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 406 / 420/267/471/120(B) of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioner No. 1 is the lady who has executed the sale deed though the informant alleges that there was an agreement to sale the land in question with him. He however, submits that if at all the informant is aggrieved by action of the petitioners, it is open to him to file a case before the Court of civil jurisdiction for specific
Patna High Court Cr.Misc. No.32747 of 2015 (2) dt.18-08-2015 P2/2 performance of the contract.
Learned counsel for the petitioner further submits that petitioner No. 2 and 3 are married daughters and they have no role to play whatsoever yet they have been drawn into the controversies involved in the present case.
Considering the aforementioned facts and circumstances of the case and that the prosecution between the parties is purely of a nature which can well be adjudicated in a Court of civil jurisdiction, let the petitioners abovenamed, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 487 (C) of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T