Srimati Devi @ Srimati Kuwar Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18664 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Srimati Devi @ Srimati Kuwar Devi, wife of Khublal Sah

2. Suresh Sah, son of Sheo Ratan Sah

3. Baliram Sah, son of Vishwanath Sah

4. Santosh Prasad @ Santosh Kumar, son of Late Shivpujan Prasad

5. Vikarma Prasad, son of Late Chandrika Prasad All resident of village Khaira Azam, P.S. Baikunthpur, District Gopalganj, Bihar

6. Birendra Das, Son of Devendra Das, resident of village Reotith, P.S Baikunthpur, District Gopalganj, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

According to FIR, the petitioners created a forged and fabricated sale deed in respect of the land of the informant transferring Plot No. 2322 under Khata No. 421. The land was transferred by petitioner no. 1 Srimati Devi and her son Prem Kumar impersonating themselves as wife and son of the informant. Other petitioners are purchasers or witnesses on the

Patna High Court Cr.Misc. No.18664 of 2017 (2) dt.28-04-2017 2/2 document.

Submission is that, in fact, Srimati Devi is the first wife of the informant and the informant wants to throw her out that is why false case has been lodged. The sale deed of the petitioners is dated 02.01.2016 whereas the informant transferred the same land to some other person on 18.01.2016. Considering the nature of dispute, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/successor Court in connection with Gopalganj Police Station Case No. 31 of 2017, G.R. No. 227 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T