Amrita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35243 of 2021 Arising Out of PS. Case No.-2098 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== AMRITA DEVI, aged about 28 years, Female, W/o Sanjiv Patel, Resident of Village - Mohalla- Panapur, P.S.- Minapur, Distt.- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sukhdeo Rai, Son of Late Chatura Rai, Resident of Village - MohallaPanapur, P.S.- Minapur, Distt.- Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Nandan, Advocate For the State :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Further, learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the main bail application, in course of the day.

The petitioner is apprehending her arrest in connection with Complaint Case No. 2098 of 2016, corresponding to Trial No. 1721 of 2018 for the offence registered under Sections 323, 406, 420, 467, 468, 120(B) and

Patna High Court CR. MISC. No.35243 of 2021(2) dt.23-05-2022 2/3 504 of the I.P.C. in which cognizance has been taken under Sections 506, 323 and 467/34 of the I.P.C.

The prosecution story, in brief, is that the complainant purchased land bearing Khata No. 611, Kheshra No. 2491 area 9 decimal on which his house stands and has been coming in peaceful possession thereon. On 07.12.2015, co-accused Indrajeet Rai sold out the same to Amrita Devi (petitioner) showing the complainant to be dead. Later on, it is also mentioned that on 21.09.2016, the petitioner came to take possession of that land upon which the complainant objected then he was abused and assaulted.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. She has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per allegation, co-accused is said to have sold the land of the complainant to the petitioner. The petitioner is said to be the purchaser of the land in question. The matter relates to civil dispute. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the complaint/F.I.R.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.35243 of 2021(2) dt.23-05-2022 3/3 the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Complaint Case No. 2098 of 2016, corresponding to Trial No. 1721 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T