← Library
Patna High CourtCR. MISC./41474/2024allowed

Alok Kumar v. The State Of Bihar

2024-07-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41474 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Alok Kumar Son of Raman Singh @ Raman Sharma R/O Vill.- Babhanpur, P.S.- Phulwari Sharif, Dist.- Patna 2.

Swati Kumari @ Swety Kumari Wife of Alok Kumar R/O Vill.- Babhanpur, P.S.- Phulwari Sharif, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar, Adv.

For the Opposite Party/s :

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

2. The petitioners apprehend their arrest in connection with Phulwari Sharif P.S. Case No. 263 of 2024 registered under Sections 406, 420, 467, 468, 120B and 34 of the Indian Penal Code.

3. The prosecution story, in brief, is that petitioner no. 1 got executed sale deed of a piece of land of the informant in name of his wife i.e. petitioner no. 2 from one stranger woman, namely, Marachia Devi. It is further alleged that petitioners also threatened the informant of dire consequences.

4. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.41474 of 2024(2) dt.03-07-2024 2/2 submits that petitioners are innocent and have falsely been implicated in the present case. The allegations levelled against the petitioners are general and omnibus. It is further alleged that petitioner no. 2 has purchased a piece of land from one Marachia Devi who is wife of one Chitranjan Sharma. It is next submitted that the dispute is between Marachia Devi and the informant but due to ulterior motive, informant has made allegations against these petitioners. Petitioners claim clean antecedent and they undertake to co-operate in the investigation.

5. 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 bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Patna in connection with Phulwari Sharif P.S. Case No. 263 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Dutta Mishra, J) utkarsh/- U T