Manju Devi @ Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26348 of 2022 Arising Out of PS. Case No.-495 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

MANJU DEVI @ ANJU DEVI W/o Ratnesh Singh Resident of Village - Jalalpur, Rampur Ramhar, P.s.- Jandaha, Distt.- Vaishali. 2.

Ghamandi Singh Son of late Ganesh Singh Resident of Village - Rahsa Purvi, P.S.- Bhagwanpur, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 420, 468/34 of IPC. Allegedly, the brother of the informant sold his share of land and one Ratnesh Singh with a bad intention brought into existence sale deed relating to 75 decs.of his share in the name of the petitioner no.1. It is further stated that on 16.08.2020, Ratnesh Singh went to the disputed land in order to take

Patna High Court CR. MISC. No.26348 of 2022(2) dt.01-09-2022 2/3 possession but after getting information, same has been stopped. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The informant and the petitioners are agnates. One Abhay Kant Pathak executed a sale deed in the favour of petitioner no.1. and petitioner no.2 is one of the witness of the aforesaid sale deed. Petitioner no.1 is a lady house wife and she has no knowledge about the aforesaid sale deed. He further submits that the matter is of a civil nature, the informant had already filed a title suit vide Title Suit No.489 of 2020, Vaishali at Hajipur. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the matter is of a civil dispute, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.26348 of 2022(2) dt.01-09-2022 3/3 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Mahua P.S. Case No.495 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T