Shila Devi @ Sheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31545 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

SHILA DEVI @ SHEELA DEVI Wife of Late Sita Ram Yadav Resident of Village - Dusadhi Badhar, (Baraki Tola), P.O.- and P.S.- Piro, Distt.- Bhojpur.

2.

Jai Ram Yadav Son of Late Tukeshwar Yadav Resident of Village - Dusadhi Badhar, (Baraki Tola), P.O.- and P.S.- Piro, Distt.- Bhojpur. 3.

Sri Ram Yadav @ Shri Ram Singh Son of Late Tukeshwar Yadav Resident of Village - Dusadhi Badhar, (Baraki Tola), P.O.- and P.S.- Piro, Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Jagdishpur P.S. Case No. 18 of 2019, registered for the offence punishable under sections 420, 468 and 34 of the Indian Penal Code.

As per allegation in the FIR, a piece of land which was sold by the three petitioners to the informant in the year 2000, even though, no portion of the said plot remained with the petitioners, once again the petitioners sold part of the same piece of land to the brother of the informant. Initially a

Patna High Court CR. MISC. No.31545 of 2019(8) dt.04-03-2020 2/2 complaint case was filed wherein the brother of the informant was a witness.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. So far as the land sold in the year 2000 and the land sold in the year 2017, they sold separate and distinct pieces of land. It is further submitted that from the case, it would be evident that the dispute is purely a civil dispute and the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Jagdishpur P.S. Case No. 18 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T