Sudha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57712 of 2015 Arising Out of PS.Case No. -343 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Sudha Devi Wife of Ram Kumar Baitha,

2. Rahul Kumar Rajak @ Rahul Kumar @ Rahul

3. Raju Kumar Rajak @ Raju Kumar @ Raju Both 2 and 3 are Son of Ram Kumar Baitha All are Resident of Village- Ajnaul, Police StationDalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

The prosecution case is that informant purchased a land from the petitioners and paid Rs.3,00,000/- for the same. Thereafter, sale deed was also executed in the Registry Office. But informant was not given in possession of the said land and it came to her knowledge that the said land was in possession of a different person. Thus, petitioners have cheated informant. It is submitted on behalf of the petitioners that they have got no criminal antecedent. Petitioners have falsely been implicated in the present case. As per prosecution case, husband of petitioner no. 1 is said to have executed the sale deed. None of the petitioners is witness in the said sale deed. Petitioner no. 1 is a lady and she is a teacher in a Government Primary School. Petitioners have got no concern with the present case. The present

Patna High Court Cr.Misc. No.57712 of 2015 (2) dt.20-01-2016 2 / 2 matter relates to civil dispute.

On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S. Case no. 343 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T