Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33612 of 2019 Arising Out of PS. Case No.-575 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Sita Devi Wife of Mukurdun Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

2.

Mukurdun Ram Son of Late Banhu Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

3.

Krishna Ram Son of Late Banhu Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

4.

Ramchandra Ram Son of Kabila Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

5.

Basant Ram Son of Mukurdun Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

6.

Chhotelal Ram Son of Late Mahavir Ram Resident of VillageDhudhiyawan, P.S.- Nawalpur, District- West Champaran. 7.

Hari Mahto Son of Kishun Mahto Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

8.

Ram Narayan Ram Son of Late Mahvir Ram Resident of VillageDhudhiyawan, P.S.- Nawalpur, District- West Champaran. 9.

Sanjay Ram Son of Rudal Ram Resident of Village- Dhudhiyawan, P.S.- Nawalpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bettiah Town P.S. Case No. 575 of 2018 registered under

Patna High Court CR. MISC. No.33612 of 2019(2) dt.22-05-2019 2/3 Sections 467, 468, 384, 379, 504 and 323 of the Indian Penal Code.

The accusation is that on 10.06.2018, when the informant went at his filed to fertilize the crops then petitioners having Lathi, Bhala and Farsa came there and surrounded him and started to abuse and assault. Thereafter, informant made protest saying that the said land was purchased by his father then all took away the seeds, fertilizers and insecticides from his field.

Learned counsel for the petitioners submits that, in fact, after death of Bandu Ram, his wife Prema Devi sold her share to the petitioner no. 1, Sita Devi, through registered sale deed dated 31.03.2017 and, accordingly, Jamabandi No. 3992 was created in her name but only to grab the aforesaid land of the petitioners, the present case has been lodged with false allegation by the complainant, who is the brother-in-law of Prema Devi.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.33612 of 2019(2) dt.22-05-2019 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 575 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T