Parwati Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3682 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Parwati Devi Wife of Karu Mahto Resident of Village- Pachalowa; P.S.- Islampur, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Most. Chinta Devi aged 62 years W/o late Awadh Mahto Resident of Village- Pachlowa, P.S.- Islampur, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner is apprehending her arrest in connection with Complaint Case No. 180C of 2016 registered for the offences punishable under Sections 420, 467 and 419/34 of the Indian Penal Code.
Allegedly, the petitioner got executed sale deed with respect to 6 decimal of land of the complainant after impersonating her. Submission is of false implication and that the complainant has executed the sale deed, mutation has also been done and thereafter, the complainant has filed this false case being
Patna High Court Cr.Misc. No.3682 of 2017 (2) dt.13-02-2017 2/2 instigated by the enemies of the petitioner. In this case, co-accused Sukhdeo Prasad and others have already been allowed pre-arrest bail by the coordinate Bench of this Court and as such, the petitioner also deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that another lady has executed the sale deed not the complainant and as such, the petitioner does not deserve pre-arrest bail.
In the facts and circumstances as stated above, considering the nature of dispute, the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No. 180-C of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J) Vats/- U T