Koshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24476 of 2019 Arising Out of PS. Case No.-603 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== 1.

KOSHILA DEV,I Wife of Shivnath Prasad 2.

Chinta Devi, Wife of Late Prem Prasad 3.

Alka Devi, Wife of Shree Rajan Prasad 4.

Tulsi Kumari @ Tulsi Kumar, Daughter of Late Kashinath Prasad 5.

Banarsi Prasad, Son of Late Yugul Prasad , 6.

Sonu Kumar, Son of Late Tribhuan Prasad 7.

Nandu Prasad, Son of Balmiki Prasad All are residents of Mohalla - Naya Kila, Patwa Toli, P.S.- Siwan Town, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Shrivastava For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Siwan Town Police Station Case No. 603 of 2018 for the offence under Sections 420/467/468/471/406/34 of the Indian Penal Code.

On hearing learned Counsel for the petitioners, it is almost admitted fact that when the sale deed was executed after taking consideration amount from the informant, the accused persons were knowing that they did not have the title over the

Patna High Court CR. MISC. No.24476 of 2019(2) dt.18-04-2019 2/2 suit property. After execution of the sale deed, the petitioners are said to have filed title suit for declaration of their title over the property. It is evident that the petitioners knew that they did not have the title and despite that fact they have executed the sale deed after receiving the consideration amount. In my view, this is not a fit case for grant of anticipatory bail.

This application is, accordingly, rejected.

The petitioners are directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered by the learned Court below on their own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) ragini/- U T