Vimla Devi @ Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25027 of 2022 Arising Out of PS. Case No.-714 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

VIMLA DEVI @ BIMLA DEVI W/o Late Uma Shankar Singh, D/o Late Ramayan Singh R/o village- Sengar Tola, P.S.- Revilganj, District- Saran at Chapra, at present residing at Village- Rauja, P.S.- Chapra Town, DistrictSaran at Chapra 2.

Vijay Kumar Singh S/o Late Uma Shankar Singh R/o village- Sengar Tola, P.S.- Revilganj, District- Saran at Chapra, at present residing at VillageRauja, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Surya Nath Singh S/o Late Shiv Pujan Singh R/o Village- Shivnagari Rauja, P.S.- Chapra Town, District- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 504, 506 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no.1 is a woman and the informant alleges that petitioners and informant are related and the petitioner no.1 knowing that the land in question belongs to the informant, fraudulently sold the land by

Patna High Court CR. MISC. No.25027 of 2022(3) dt.11-11-2022 2/3 executing sale deed on which petitioner no.2 (son of petitioner no.1) is a witness.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and from perusal of the allegations as alleged in the FIR it would manifest that informant and petitioners are related, it is next submitted that petitioners sold their share of land and in the event, if the informant is aggrieved by the action of petitioners then he has remedies available in civil law and thus institution of the present FIR is clearly an abuse of the process of the Court.

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 petitioners above-named, 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. 5,000/- (Rupees 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 Chapra Town P.S. Case No. 714 of 2019 subject to the conditions as laid down

Patna High Court CR. MISC. No.25027 of 2022(3) dt.11-11-2022 3/3 under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T