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Patna High CourtCR. MISC./43602/2016bail granted

Urmila Devi And ANR v. The State Of Bihar

2016-10-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43602 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Urmila Devi, wife of Late Manik Lal Singh.

2. Rakesh Kumar, son of Late Manik Lal Singh. Both resident of village-Pasraha, P.S. Pasraha, District-Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chhotelal Singh, son of Jagarnath Singh, resident of villageMehaddipur, P.S. Pasraha, District-Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 19-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.05C of 2016 registered under Sections 419,

420. 467 and 468/34 of the Indian Penal Code in which cognizance was taken under Section 420 of the Indian Penal Code. The allegation of the complainant is that the petitioner no.1 Urmila Devi is his own mother-in-law and petitioner no.2 Rakesh Kumar is his brother-in-law. 18 Kathas 19 Dhurs land in village-Gogari was in his name. The petitioner no.1 got executed the sale deed of the aforesaid land in her favour by putting a fake

Patna High Court Cr.Misc. No.43602 of 2016 (2) dt.19-10-2016 2/2 person on 18.02.2015 and out of 18 Kathas 19 Dhurs land, she sold 11 Kathas 14 Dhurs land to one Vibha Devi and got executed the sale deed of Jamabandi.

Learned counsel appearing on behalf of the petitioners submits that, in fact, the complainant had sold the aforesaid land to the petitioner no.1 Urmina Devi, who is his mother-in-law, but, later on, due to some dispute, the complainant has filed the present complaint case with an ulterior motive. Moreover, the dispute, as alleged in the complaint petition, is of civil in nature. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, First Class, Khagaria, in connection with Complaint Case No.05C of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T