Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25479 of 2022 Arising Out of PS. Case No.-313 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== 1.

SITA DEVI WIFE OF DEO CHAND SAW R/O VILLAGE- PRASADI ENGLISH, P.S.- ARWAL, DISTRICT- ARWAL 2.

DEO CHAND SAW, SON OF SRI SAW R/O VILLAGE- PRASADI ENGLISH, P.S.- ARWAL, DISTRICT- ARWAL 3.

MANISH KUMAR SON OF DEO CHAND SAW R/O VILLAGEPRASADI ENGLISH, P.S.- ARWAL, DISTRICT- ARWAL ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANIL KUMAR PANDIT SON OF RAM PRAVESH PANDIT R/O VILLAGE- PRASADI ENGLISH, P.S.- ARWAL, DISTRICT- ARWAL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 2. Permission is accorded.

The petitioner nos. 1 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 420 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.25479 of 2022(2) dt.07-11-2022 2/3 petitioners have antecedent of three cases and the informant alleges that petitioners after receiving the entire consideration amount did not execute sale deed of the land in question on instigation of Sanjay Yadav, further the petitioners even abused and slapped him and Manish on point of pistol took out Rs. 8 thousand and tore blouse of his wife.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and from perusal of the allegations as alleged in the FIR it would manifest that the dispute is purely civil but a color of criminal case has been given, it is also submitted that in the event if the sale deed is not being executed then the informant has remedies available in law for which the present FIR has been instituted. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 3, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.25479 of 2022(2) dt.07-11-2022 3/3 the case is pending/successor court in connection with Arwal P.S. Case No. 313 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T