Khushbu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36412 of 2024 Arising Out of PS. Case No.-1928 Year-2022 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Khushbu Kumari wife of Sudhanshu Kumar Tiwari Village- Salempur PsSidhwaliy Dist- Gopalganj 2.

Renu Devi wife of Munna Choubey Village- Salempur Ps- Sidhwaliy DistGopalganj 3.

Ujendra Kumr Singh son of Late Kailash Singh Village- Pakadi PsMahammadpur Dist- Gopalganj 4.

Anand Mishra son of Late Baban Mishra Village- Pakadi Ps- Mahammadpur Dist- Gopalganj 5.

Rajesh Mishra son of Fulena Mishra Village- Pakadi Ps- Mahammadpur Dist- Gopalganj 6.

Chhotan Mishra son of Awadesh Mishra Village- Pakadi Ps- Mahammadpur Dist- Gopalganj 7.

Pushpendra Kumar Mishra son of Dharmdeo Mishra Village- Pakadi PsMahammadpur Dist- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saroj Kumar Mishra son of Late Paras Mishra Village- Pakadi PsMahammadpur Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmveer Jha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners, complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections420, 465, 467, 468, 471, 120(B) of the Indian Penal Code.

3. As per Complaint, petitioners in collusion with each other got registered a forged sale deed dated 03.09.2022 for 3.7

Patna High Court CR. MISC. No.36412 of 2024(2) dt.03-07-2024 2/3 decimal land of the complainant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner nos. 1 and 2 are purchaser, petitioner nos. 3 and 4 are the witnesses of the alleged sale deed and petitioner nos. 4 to 7 are close agnets of the complainant and there is land dispute between the parties. He submits that the present case is purely a civil nature for which title suit bearing Title Suit No. 938 of 2022 between the parties is pending in the learned court below. He further submits that petitioner nos. 1, 2 and 3 have no criminal antecedent and petitioner nos. 4 to 7 have one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the present dispute is purely civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.36412 of 2024(2) dt.03-07-2024 3/3 the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1928 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T