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Patna High CourtCR. MISC./29264/2022bail granted

Gayatri Devi v. The State Of Bihar

2023-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29264 of 2022 Arising Out of PS. Case No.-323 Year-2019 Thana- KESARIA District- East Champaran ====================================================== GAYATRI DEVI Wife of Krishna Sah Resident of Village - Raghunathpur, P.S.- Kesariya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar Mr. Shakil Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the parties.

Petitioner apprehends her arrest in a case registered for the offence punishable under Section 420, 467, 468, 120-B of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons in order to grab the land of informant hatched up conspiracy and got sale deed executed in favour of petitioner of the land of informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner has purchased the land from the bona fide person having right and possession over the said land as the informant's brother, Pratap Narayan Pandey,

Patna High Court CR. MISC. No.29264 of 2022(6) dt.11-04-2023 2/2 after getting marriage became traceless and thereafter the vendor Baby Devi for her survival sold out her share in property after receiving full consideration amount from the petitioner in the year 2009. Moreover, the dispute is of civil nature. Petitioner is a lady and she has got clean antecedent.

Learned counsel appearing for the State and the O.P. No.2 opposed the prayer for anticipatory bail. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of her arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate-IX, East Champaran, Motihari in connection with Kesariya PS case No. 323/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T