Patna High CourtCR. MISC./469/2017bail granted

Akali Kuer @ Akli Kuwar And ORS v. State Of Bihar And ANR

2017-01-17Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.469 of 2017 Arising Out of PS.Case No. -157 Year- 2015 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Akali Kuer @ Akli Kuwar, Wife of Late Haribansh Mallah.

2. Sri Bhagwan Mallah, late of Shivnath Mallah,

3. Dharmbir Chaudhary, Son of Sri Bhagwan Mallah, resident of Village Pipariya, P.S. Mohni, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunaili Devi, wife of Bhagwan Choudhary, R/o Vilage Akodhi, P.S. Ramgarh, District Kaimur at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Complaint Case No.157 of 2015/197 of 2015 for the offence under Sections 420, 406, 323, 504 and 34 of the the Indian Penal Code.

It is submitted on behalf of the petitioners that as alleged in the F.I.R. itself, the case appears to be of a civil dispute, as the complainant has admitted in her complaint petition that she has got possession over the land but she came to know that some part of the said land has already been sold by the mother

-in-law of the petitioner no.1, however, so far mother-in-law of the petitioner no.1 is concerned, she is no more now, as such the petitioners have been falsely implicated in this case to put pressure.

Heard learned A.P.P. also.

Having heard both sides. In view of the facts that the matter relates to the execution of sale-deed and possession over the land, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Kaimur at Bhabhua in connection with Complaint Case No.157 of 2015/197 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, with a condition that they will co-operate during the trial of the case.

(Vinod Kumar Sinha, J) chn/-