Deventi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35653 of 2020 Arising Out of PS. Case No.-234 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Deventi Devi Late Ram Lakhan Prasad Chaudhary 2.

Urmila Devi Wife Of Anjani Kumar Chaudhary Both Resident Of Village Wahid Bigha PS Muffasil Aurangabad, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Ms. Mukul Kumari Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner including learned counsel for the opposite party No. 2 as well as learned counsel for the State.

The petitioner prays for grant of anticipatory bail in Aurangabad Town P.S. Case No. 234/2020 registered for the offence punishable under Sections 420/468/471/472/34 of the Indian Penal Code.

The specific case of the prosecution is that the sale deed was registered after the death of the executant. It has been submitted by Mr. Dhirendra Kumar Sinha, learned Senior Counsel, that the sale deed was executed by the vendor, but she died before the registration and, therefore, the

Patna High Court CR. MISC. No.35653 of 2020(7) dt.31-01-2022 2/2 accused side got the sale deed registered.

On the specific question put by this court that whether on the date of registration, the Registrar was informed by the accused persons that the executant is dead, he had not no answer which goes go to show that they had not informed the Registrar that executant was already dead.

Considering the above, this is not a fit case for grant of anticipatory bail.

It is, accordingly, dismissed.

Since, the petitioner No. 1 is already dead, petitioner No. 2 is directed to surrender in the Court below within six weeks. On her surrender, her regular bail shall be considered by the Court below keeping in view the fact that the petitioner is a lady and similarly situated other accused persons involved in this crime have been granted regular bail.

(Sandeep Kumar, J) Saif/- U T