Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23813 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- KARPI District- Jehanabad ====================================================== 1.

SUNITA DEVI Wife of Nand Kishore Yadav Resident of Village- Akodha, P.S.- Daudnagar, District- Aurangabad.

2.

Nand Kishore Yadav Son of Chaneshwar Yadav Resident of VillageAkodha, P.S.- Daudnagar, District- Aurangabad. 3.

Jai Nandan Yadav Son of Late Deodhari Yadav Resident of Village- Pathak Bigha, P.S.- Pauthu, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs .Anita Kumari Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioners apprehend their arrest in Karpi P.S. case No. 81 of 2018 registered under Section 323, 120B, 386, 365, 420, 506 of the IPC and u/s 27 of Arms Act. The informant filed complaint case No. 166 of 2018 in which he named 12 persons and alleged that the accused persons kidnapped him and forced him to execute sale deed in favour of Sunita Devi, petitioner No.1.

The learned counsel for the petitioners submits that FIR was instituted on the basis of complaint petition. No allegation of kidnapping is made against the petitioner. On

Patna High Court CR. MISC. No.23813 of 2019(2) dt.12-04-2019 2/2 account of land dispute the present case has been lodged and for the same a title suit is also pending between the parties. Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that there appears to be bonafide land dispute between two sides on account of execution of sale deed, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to 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 learned Additional Chief Judicial Magistrate-IV, Arwal in connection with Karpi P.S. case No. 81 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T