Patna High CourtCR. MISC./3531/2018bail granted

Smt. Manjhari Devi v. State Of Bihar And ANR

2018-02-05Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.3531 of 2018 (2) dt.05-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3531 of 2018 Arising Out of PS.Case No. -464 Year- 2010 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Smt. Manjhari Devi, W/o Sidheshwar Bhagat, R/o Village- Khira, P.S.- Parasbigha, Dist- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Binod Kumar @ Binod Kumar Singh, S/o Late Harivansh Narayan Singh, R/o Village- Khara, P.S.- Parasbigha, Dist- Jehanabad at present of Mohalla- Thana Road, Jehanabad, P.S. and Distt- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Complaint Case No.464 of 2010 registered for the offence under Section 420 of the Indian Penal Code.

It has been submitted that the petitioner is bonafide purchaser from one of the sharers of the complainant. The widow of full brother of complainant had share in the land which she sold in favour of the petitioner. The other co-accused persons are scribe, identifier and witnesses to the occurrence. The allegation of cheating is omnibus as the dispute between the parties is

Patna High Court Cr.Misc. No.3531 of 2018 (2) dt.05-02-2018 purely a civil dispute so no offence under Section 420 of I.P.C. is made out against the petitioner.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M., Jehanabad in connection with Complaint Case No.464 of 2010, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U