Reena Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27988 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -KASHICHAK District- NAWADA ======================================================
1. Reena Kumari, w/o Subodh Singh
2. Sawal Singh, son of Late Devnandan Singh,
3. Rakesh Roshan, son of Pramod Kumar Singh All resident of vill- Maldah P.S- Barbigha, District- Sheikhpura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.
The petitioners apprehend their arrest in Kashichak P.S. case No. 94 of 2015 under Section 467, 468, 471, 420, 120B of the Indian Penal Code.
The informant, Meena Devi, filed a complaint petition on the basis of which the present FIR was lodged on 05.11.2015. The informant alleged in her complaint petition that her mother, Ramuna Devi, executed two sale deeds on 12.12.2009, one in her favour and another in favour of her sister, Reena Kumari, petitioner No.1 but thereafter her mother executed another sale deed with regard to the same land, which was earlier transferred in her name, in the name of Subodh Kumar, husband of petitioner No.1. Reena Kumari also executed the sale deed with regard to her land in favour of her brother-in-law and others.
Patna High Court Cr.Misc. No.27988 of 2016 (2) dt.02-09-2016 2/2 The learned counsel for the petitioners submits that no sale deed is attached with the complaint petition. Similarly situated accused, Subodh Singh, has already been granted anticipatory bail vide order passed in Cr. Misc. No. 24185 of 2016 and case of the petitioners stands on same footing. On the face of it the dispute is of civil nature. There was no partition between the two daughters and their mother.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Kashichak P.S. Case No. 94 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T