Permela Devi @ Pramila Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20215 of 2017 Arising Out of PS.Case No. -620 Year- 2002 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== 1.Permela Devi @ Pramila Devi W/o Anil Mali 2.Anil Mali son of Late Bacchu Mali .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Faiz Ahmad For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.
The petitioners are apprehending their arrest in Complaint Case No.620 of 2002 registered for the offence under Sections 406, 420 and 467 of the I.P.C.
Allegation of the complainant is that finding her alone in the house her son Anil Mali, petitioner no. 2 and his wife Permila Devi, petitioner no.1 asked her to spend Rs.10,000/- for applying for pension. Thereafter she would get Rs.100/- per month as old aged pension after Dushehara. Thereafter both the petitioners accompanied her to Registry Office and got her thumb impression on plain papers. But when after passing much time pension was not sanctioned in her favour then she made query and came to
Patna High Court Cr.Misc. No.20215 of 2017 (3) dt.08-08-2017 2/3 know that both the petitioners by using her thumb impression got the sale deed with respect to whole land executed in which her other sons has also share.
Learned counsel appearing on behalf of the petitioners, in fact, the petitioner No.2 who is the husband of petitioner no.1, is the son of the complainant and he has two brothers also all are separate to the complainant. The petitioner no.2 had expended heavy amount on treatment of complainant. Due to that reason the complainant decided to dispose of her share in the property and petitioner no.2 became ready to purchase the land of the share of complainant. Thereafter the complainant executed sale deed in favour of Pramila Devi wife of petitioner no.2. But with ulterior motive the present false case has been filed against the petitioners. It is further submitted that Jai Prakash Mali who happens to be the youngest brother of petitioner no.2 has also sold 2 1⁄2 decimals of land out of his share.
Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today,be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Jehanabad, in Complaint Case No.620/02 subject to the
Patna High Court Cr.Misc. No.20215 of 2017 (3) dt.08-08-2017 3/3 conditions as laid down under Section 438(2) of Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U