Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27770 of 2022 Arising Out of PS. Case No.-109 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

KIRAN DEVI W/o Mahendra Sah Resident of Village and P.S.- Kishanpur, District- Supaul.

2.

Mahendra Sah S/o Late Ramjee Sah Resident of Village and P.S.- Kishanpur, District- Supaul.

3.

Vidhyanand Singh S/o Newa Lal Singh Resident of Village- Mohipatti, P.S.- Kishanpur, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravindra Jha S/o Late Bambeshwar Jha Resident of Village- Aguaarh, P.S.- Kishanpur, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

For the Informant :

Mr. Pramod Mishra, Advocate Mr. Suraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 467, 468, 471, 120B and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that the petitioners purchased Joint Family Property from their relative as mentioned in the F.I.R.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next

Patna High Court CR. MISC. No.27770 of 2022(3) dt.22-12-2022 2/2 submitted that petitioners are innocent purchasers and the petitioners were not knowing that the property which they were buying was Joint Family Property, it is also submitted that if informant is aggrieved by the sale deed executed in their favour, he has remedies available in law of getting the sale deed cancelled. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that dispute is civil to which criminal colour has been given.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 109 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T