Devnarayan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42418 of 2024 Arising Out of PS. Case No.-1484 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.
Devnarayan Sahni Son Of Late Mohan Sahni R/O- Vill- Lagunia, Suryakath, P.S- Samastipur, Dist- Samastipur 2.
Shewta Bharti W/O- Mukesh Kumar Sahni R/O- Vill- Lagunia, Suryakath, P.S- Samastipur, Dist- Samastipur 3.
Chandeshwar Mahto S/O- Sone Lal Mahto R/O- Vill- Lagunia, Suryakath, P.S- Samastipur, Dist- Samastipur 4.
Mahesh Kumar Mahto Son Of Munesher Mahto R/O- Vill- Karbaddha, Suryakath, P.S- Samastipur, Dist- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bibha Roy @ Bibha Sahni Wife Of Late Rajeev Kumar Sahni R/OBiscoman Colony , P.S- Alamganj, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priyanka Singh, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP Mr. Adarsh, Adv.
Mr. Uday Shankar Choudhary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 1484 of 2022 registered under Sections 419, 420, 465, 467, 468 and 471 of the Indian Penal Code.
3. As per complaint case, these petitioners along with coaccused Ramashray Sahni after making conspiracy to each other impersonated the daughter-in-law of co-accused Ramashray Sahni namely Sweta Bharti as a widow wife of Late Rajeev
Patna High Court CR. MISC. No.42418 of 2024(3) dt.27-08-2024 2/3 Kumar Sahni and got the sale deed executed from her in favour of co-accused Ramashray Sahni which was the purchased land of husband of complainant/opposite party no. 2.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. From perusal of the complaint case, it is apparent that the dispute involved is with regard to sale and purchase of land, which is purely civil in nature, for which complainant has already filed Title Suit No. 353 of 2022 which is still pending. Further submission is that on the sale deed, petitioner no. 1 is the identifier who identified petitioner no. 2, petitioner no. 3 is witness to the sale deed, and petitioner no. 4 is the scriber to the sale deed.
5. Learned counsels for the State as well as for the opposite party No. 2 opposed the prayer for bail.
6. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Samastipur in connection with
Patna High Court CR. MISC. No.42418 of 2024(3) dt.27-08-2024 3/3 Complaint Case No. 1484 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T