Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36209 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.
SANJU DEVI WIFE OF AMBIKA SAH resident of village- chainpur, police station- manjhi, District- Saran 2.
KRISHNA SINGH SON OF LATE RAMANAND SINGH resident of village- Sughar Chapra, Police Station- Manjhi, District- Saran 3.
MANOJ KUMAR SAH SON OF GAUTAM SAH resident of villageSughar Chapra, Police Station- Manjhi, District- Saran ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Surendra Sharma, Son of Late Kuber Kuar, Resident of Village Manjhi Bhatoli, P.S. Manjhi, District Saran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.
The petitioners apprehend their arrest in connection with Manjhi P.S. Case No.261 of 2021, registered for the offences punishable under Sections 406, 420, 467, 468 and 34 of the Indian Penal Code.
It is alleged that the accused persons have sold the land of the informant on the basis of forged documents. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.36209 of 2022(3) dt.30-01-2023 2/3 present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioners are the purchasers. It is submitted that for the alleged forgery from the year 2013 to 2021, the informant filed this case on 09.04.2021. It is further submitted that petitioner Sanju Devi has purchased the land from its rightful owner Shatrughna Sharma and Awadh Bihari Sharma and she has been paying rent of the same to the Government of Bihar on which she has constructed a Pucca house and resides with her family.
Learned APP for the State as well as learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioners by submitting that the sale deed was executed on the basis of forged documents. Taking into consideration the facts aforesaid and the fact that dispute between the parties is civil in nature, let petitioners, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Saran at Chapra in connection with Manjhi P.S.
Patna High Court CR. MISC. No.36209 of 2022(3) dt.30-01-2023 3/3 Case No.261 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T