Nilam Devi @ Neelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43444 of 2023 Arising Out of PS. Case No.-1583 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.
Nilam Devi @ Neelam Devi W/O Gauri Pandit @ Gauri Shankar Pandit R/O Village- Ward No. 10, Jailakha Abhiman, Ps. Bakhri, Dist. Begusarai 2.
Krishna Kanhaiya @ Kanhaiya Kumar S/O Gauri Pandit @ Gauri Shankar Pandit R/O Village- Ward No. 10, Jailakha Abhiman, Ps. Bakhri, Dist. Begusarai ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Khakhri Devi @ Khakhari Devi W/O Ram Vilash Pandit Residing At Village- Jailakha Abhiman, Ps. Bakhri, Dist. Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh For the Complainant Mr. Sandip Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 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 Sections 420, 467, 468, 471 of the Indian Penal Code.
3. As per allegation, the co-accused Gauri Shankar Pandit executed the sale deed in favour of the complainant with regard to land in question and subsequently he executed the sale deed in favour of the petitioner no. 2 with regard to the same land.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.43444 of 2023(3) dt.12-09-2023 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that in fact a Title Suit No. 11 of 2018 is pending between the husband of the complainant and co-accused Gauri Shankar Pandit and only by way of pressure to take undue benefit, present false case has been instituted. He submits that the co-accused Gauri Shankar Pandit has also given an undertaking that he is always ready to rectify the clerical error which was committed by the deed writer. He further submits that petitioners have no 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 the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case
Patna High Court CR. MISC. No.43444 of 2023(3) dt.12-09-2023 3/3 No. 1583C 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