Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23223 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== 1.
Pramila Devi W/o Ramjee Prasad 2.
Ramjee Prasad @ Ramjee Sah S/o Late Panna Lal Sah, R/o vill - Pantoka, P.s. - Raxaul, Dist. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gauri Shankar Thakur, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 467, 468, 471, 420, 504, 506 and 34 of the IPC.
3. The learned counsel for the petitioners submit that petitioners are person with clean antecedent. It is next submit that informant has falsely implicated the petitioners in the instant case. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil to which a criminal colour has been given. It is next submitted that from perusal of the allegation as alleged in the FIR, it would also manifest that the land in question
Patna High Court CR. MISC. No.23223 of 2024(2) dt.29-04-2024 2/3 originally belonged to one Radha Kishun who had three daughters, namely, Ghauri Devi, Nagina Devi and Smt. Devi and a son Ganesh and the petitioner no.1 (Pramila Devi) is daughter of Nagina Devi and she sold the land which came in share of her mother and the instant FIR came to be instituted by the informant who is brother of the wife of Ganesh who died issueless and he alleges that the land in question was already gifted to the informant by Phulena Devi who was wife of Ganesh. The learned counsel for the petitioners thus submit that if informant is aggrieved by the execution of the sale deed with respect to the land in question by Pramila Devi who is maternal granddaughter of Radha Kishun, in that event, the informant ought to have move the court of competent jurisdiction for getting the sale deed cancelled, but then the informant instituted the instant F.I.R in order to coerce Parmila Devi into submission.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail
Patna High Court CR. MISC. No.23223 of 2024(2) dt.29-04-2024 3/3 on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Mainatand P.S. Case No.144 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T