Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41438 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Sarita Devi, W/O Tunni Chauhan, Vill.-Gopal Tola, Arai, P.S.- Shahjahanpur, Dist.-Patna, At Present Vill.-Khabba Ka Akhara, Loha Ka Pul, P. S.- Malsalami, Dist-Patna.

2.

Chandan Kumar, S/O Tunni Chauhan, Vill.-Gopal Tola, Arai, P.S.- Shahjahanpur, Dist.-Patna, At Present Vill.-Khabba Ka Akhara, Loha Ka Pul, P. S.- Malsalami, Dist.-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kedar Chauhan, S/O Late Ram Prasad Chauhan, R/O Vill.-GOPAL Tola, Arai, P. S.- Shahjahanpur, Dist.-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Complaint Case No. 203 of 2023 registered for the offences punishable under Sections 323, 341, 406, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, the complaiant and his brother Tunni Chouhan entered into an agreement for sale with Maheshwar Prasad to sell the land that belongs to him and his brother and took Rs. 14 lacs but his brother Tunni without

Patna High Court CR. MISC. No.41438 of 2024(2) dt.03-07-2024 2/3 informing or asking, conveyed the land by way of registry. On 19.02.2023, all the accused persons came to the house of the informant and assaulted the informant and his son and told to vacate the house.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case as the petitioners had signed as a witness on registered sale deed executed by Tunni Chouhan who is the brother of the complainant. The petitioners have no concern with the land in question. It is further submitted that the land in question belongs to co-accused Tunni Chouhan who sold the property in his share but with ulterior motive the complainant has filed the complaint case. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.41438 of 2024(2) dt.03-07-2024 3/3 the concerned Court where the case is pending in connection with C. Case No. 203 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T