Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22449 of 2023 Arising Out of PS. Case No.-269 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Mina Devi Wife Of Late Saryu Yadav R/V- Dhab Chairaiya Ps- Sherghati Dist- Gaya 2.

Kauleshwar Yadav @ Kaileshwar Yadav Son Of Budhan Yadav R/V- Dhab Chairaiya Ps- Sherghati Dist- Gaya 3.

Nitish Kumar Son Of Briksh Yadav @ Ramavriksh Prasad Yadav R/V- Dhab Chairaiya Ps- Sherghati Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 120(B), 34 of the Indian Penal Code.

As per the prosecution case, It is alleged that the petitioners have got registered the land of Indira Awas of the complainant in the name of Meena Devi by committing fraud. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.22449 of 2023(3) dt.03-07-2023 2/2 the petitioners no. 1 and 2 are own pattidar of the complainant. He further submits that the complainant has died and legal heir of the complainant has filed a Partition Suit i.e. 60 of 2018 in the learned Court below. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the fact that there is civil nature dispute between the parties, 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 lower Court where the case is pending/successor Court in connection with Complaint Case No.269 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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