Most. Janaki Kuwar And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27614 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27614 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -EKMA District- SARAN ======================================================

1. Most. Janaki Kuwar wife of Late Sri Bhagwan Singh, Resident of Village- Mirzapur, Police Station- Janta Bazar, District- Saran (Chapra).

2. Anita Devi, wife of Sachidanand Singh, Daughter of Late Sri Bhagwan Singh, Resident of Village- Galimapur (Talimapur), Police StationBasantpur, District- Siwan, presently resides at Village- Mirzapur, Police Station- Janta Bazar, District- Saran (Chapra). ... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khedan Rai, son of Late Deodhari Rai, Resident of Village- Luwan Khurd, Police Station- Janta Bazar, District- Saran (Chapra). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Rai For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Ekma P.S. Case No. 24 of 2017 for the offences registered under Sections 120(B), 419, 420, 465, 467, 468 & 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that admittedly, the complaint petition has already been filed for which sale deed has been executed to another person. It is further submitted that the complainant has filed a money suit for recovery of the consideration amount. It is further submitted that since civil suit is pending between the parties, the criminal case which has been instituted is purely out of vendetta.

Patna High Court Cr.Misc. No.27614 of 2017 (2) dt.06-07-2017 Considering the nature of allegation made against the petitioner and that there is civil dispute pending between the parties, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this 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 Additional Chief Judicial Magistrate, 1st Saran at Chapra in connection with Complaint Case No. 1816 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U