Sangita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42293 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Sangita Devi, W/o Manoj Kumar Choudhary, R/o Village- Madudabad, P.S.- Mohiuddin Nagar, District- Samastipur.

2. Manoj Kumar Choudhary @ Manoj Choudhary, Son of Late Parmanand Choudhary, R/o of Village- Madudabad, P.S.- Mohiuddin Nagar, District- Samastipur.

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 19-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Mohiuddinnagar P.S. Case No.41 of 2017 registered under Sections 406 and 420/34 of the Indian Penal Code.

The allegation is that the petitioners, who are wife and husband respectively, approached the informant Ashok Kumar Choudhary to sell their land on the consideration of Rs.3,00,000/- and taken Rs.1,00,000/- as advance from the informant with an assurance to execute the sale deed of the land within three months. While the informant asked the petitioner no.2 to execute the sale deed of the land

Patna High Court Cr.Misc. No.42293 of 2017 (2) dt.19-09-2017 2/2 after taking the remaining amount on several occasions but he did not pay any heed. Lastly, on 03.03.2017, the petitioners refused to execute the sale deed of the land and also to return the money to the informant. Learned counsel appearing on behalf of the petitioners submits that, in fact, the informant has encroached the land of the petitioners by constructing the house over the same regarding which the petitioners have made several representations before the concerned authorities, due to that reason, the informant has lodged this false case. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Mohiuddinnagar P.S. Case No.41 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T