Neelam Devi And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54501 of 2015 Arising Out of PS.Case No. -13148 Year- 2014 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================
1. Neelam Devi, W/o Ateran Mahto
2. Ateran Mahton, S/o- Late Kamo Mahto
3. Nandan Rai, S/o Hardeo Rai .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anil Kumar, S/o Suresh Mahto .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 379, 420, 467, 471 and 218 of the Indian Penal Code.
The prosecution case is that the complainant and his mother purchased 14 dhur 4 dhurki of land on 22.03.1993 from co-accused Saraswati Devi vide registered sale deed. After death of the mother of the complainant, her two sons came into the possession of the land. Subsequently, on 01.10.2001, petitioner
Patna High Court Cr.Misc. No.54501 of 2015 (2) dt.02-12-2015 2/2 no.1, Neelam Devi, purchased the same land from co-accused Saraswati Devi and got the 'Zamabandi' created in her name wherein petitioner no.2 being husband of petitioner no.1, purchaser and petitioner no.3 are the witnesses to the sale deed. It is submitted by learned counsel for the petitioners that petitioner no.1 is bona fide purchaser and the thrust of accusation is against co-accused Saraswati Devi. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Complaint Case No.13148 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T