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Patna High CourtCR. MISC./44976/2023allowed

Sanju Devi v. The State Of Bihar

2023-08-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44976 of 2023 Arising Out of PS. Case No.-1808 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Sanju Devi Wife of Raj Kumar Sharma Resident of village - Lahiyar, Chak Ganpura, Phulwarishariff, District- Patna.

2.

Raj Kumar Sharma Son of Late Kedar Singh Resident of village - Lahiyar, Chak Ganpura, Phulwarishariff, District- Patna. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Arun Kumar Son of Late Lal Bahadur Singh, Resident of Village - Aaropur, P.S.- Naubatpur, District - Patna, At present village Babhanpura, P.S.- Phulwarishrif, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate Mr. Praveen Kumar, Advocate For the Complainant : Mr. Saroj Kumar Chaudhary, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in connection with Complaint Case No. 1808 (C) of 2016 in which cognizance has been taken under Sections 323, 406, 420, 467, 468 and 471 of the Indian Penal Code.

3. It is alleged that the petitioners have committed forgery and cheating with the complainant.

4. Learned counsel for the petitioners submits that the petitioner No. 1 is sister-in-law (Sali) and petitioner No. 2 is brother-in-law (Sadhu) of the complainant. He submits that

Patna High Court CR. MISC. No.44976 of 2023(2) dt.30-08-2023 2/2 there was partition of property between three sisters and the dispute between the parties is civil in nature and the petitioners have falsely been implicated in this case. Petitioners have no criminal antecedent.

5. Learned counsel for the complainant and learned Additional Public Prosecutor, for the State have opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - XIII, Patna in connection with Complaint Case No. 1808 (C) of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T