Nitu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44498 of 2018 Arising Out of PS.Case No. -257 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Nitu Devi, wife of Lavkush @ Kush Kumar Singh,

2. Urmila Kuwar, wife of Late Umesh Prasad Singh.

3. Chinta Kuwar, wife of Late Umesh Prasad Singh. All are resident of Village- Sio, P.S. Bhabua, District- Kaimur (Bhabua). .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bhabua P.S.Case No. 257 of 2018 registered for the offences punishable under Sections 420, 467 and 468/34 of the Indian Penal Code.

Allegation as per FIR is that Munna Singh sold some land to the informant and four others and Munna Singh purchased the said land from Kush Singh, husband of petitioner No.1 and further allegation is that informant has paid the money and thereafter he came to know that partition suit is pending between the parties for the said land and in that partition suit the said land has been shown to the share of the petitioners and allegation is that petitioners in conspiracy with others in order to misappropriate the money, have shown the purchased land in their share. Submission of learned counsel for the petitioners is that whole allegation is against Munna Singh and Kush Singh and petitioners have falsely been implicated in this case and moreover

Patna High Court Cr.Misc. No.44498 of 2018 (2) dt.30-07-2018 2/2 this case relates to civil dispute and for that remedy is of filing civil suit.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioners stating that petitioners in connivance with Munna Singh and Kush Singh have sold the land and thereafter got the land in their share.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S.Case No. 257 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U