Punam Kumari @ Punam And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11075 of 2018 Arising Out of PS. Case No.-34 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ======================================================
1. Punam Kumari @ Punam, w/o Sanjeev Kumar Singh,
2. Sanjeev Kumar Singh, son of Late Hare Kishun Singh,
3. Subodh Kumar, son of Late Hare Kishun Singh,
4. Sudhir Kumar @ Sudhir Kumr @ Pravin Kumar, son of late Hare Kishun Singh, All resident of Mohalla-Sarvodaya Nagar, Ward No. 40, P.O. Mirjapur Vandvar, P.S. Town, District-Begusarai. ... ... Petitioners
Versus
1. The State of Bihar,
2. Mosmat Mahant Rinku Das, wife of Late Mahant Ganesh Das, R/o Mohalla - Sarvodaya Nagar, Ward No. 40, P.O. Mirjapur Vandvar, P.S. Town, Circle, Sub-Division, District-Begusarai.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Narayan, Adv.
Mr. Shyamshwar Dayal, Adv.
For the Opposite Party/s :
Mr. JITENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 34-C of 2016, registered under Sections 406 and 420 of the Indian Penal Code. The accusation is that Ganesh Das, husband of the complainant Rinku Das, executed the sale deed on 19.10.1990 in favour of Parmanand Singh in respect to one katha land of Plot No. 317 of Math of village Pokhariya. After death of
Patna High Court Cr.Misc. No.11075 of 2018(2) dt.26-02-2018 2/3 Mahant Ganesh Das, the complainant become Mahant of the Math, but accused petitioners had bad eyes over the land of the Math and accused petitioners got executed the sale deed of one katha ten dhoor land to Parmanand Singh, which was not detailed in the sale deed, which was executed in his favour by Ganesh Das, husband of the complainant. When the complainant came to know the said fact then asked to Parmanand Singh to lodge the case, but he was not ready, thereafter, complainant lodged the Suit No. 210 of 2011 to cancel the said sale deed due to that reasons on 23.12.2015, the petitioners came at the house of the complainant and started to abuse. At that time, petitioner No.1 Punam Devi and Petitioner No.2 Sanjeev Kumar Singh caused assault the complainant and torn her clothes. The petitioner Nos.3 and 4 damaged the household articles and took cash of Rs. 10,000/- and ornaments from the box.
Learned counsel for the petitioners submits that, in fact, the complainant has lodged the Title Suit No. 210 of 2011 for cancellation of the sale deed, which was executed by Parmanand Singh in favour of the accused petitioners, the said suit is being contested by the accused petitioners. Only to give undue pressure, the informant has lodged the present case so
Patna High Court Cr.Misc. No.11075 of 2018(2) dt.26-02-2018 3/3 that the petitioners left the pairvy in the said suit. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Compliant Case No. 34-C of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T