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Patna High CourtCR. MISC./24535/2022allowed

Rakhi Kumari v. The State Of Bihar

2022-07-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24535 of 2022 Arising Out of PS. Case No.-751 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

RAKHI KUMARI W/o Praveen Kumar R/o Village - Singhaul, P.S. - Begusarai Muffasil (singhaul O.P.), District - Begusarai. 2.

Praveen Kumar S/o Nageshwar Singh R/o Village - Singhaul, P.S. - Begusarai Muffasil (singhaul O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP Mr.Arjun Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 166, 167, 420, 466, 467, 468, 471, 472, 473, 474, 477, 504, 120B and 34 of the IPC.

Patna High Court CR. MISC. No.24535 of 2022(4) dt.26-07-2022 2/3 Allegedly, the FIR named accused persons sold the land of the informant to petitioner no.1 by forged sale deed. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature.

It is further submitted that the petitioner has purchased the said land from late Nand Kishore Prasad and he filed a probate case in the court below, which was converted into a title suit and the said decree was passed in favour of Nand Kishore Prasad against which a vendor of the informant has filed an appeal in the High Court, which is pending till date. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.24535 of 2022(4) dt.26-07-2022 3/3 Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Begusarai Town P.S. Case No.751 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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