Nagmani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42161 of 2024 Arising Out of PS. Case No.-1529 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Nagmani Singh Son of Late Rajdeo Singh R/O Vill.- Benipur, P.S.- Vaishali, Dist.- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shakuntala Devi Wife of Ram Briksh Prasad Singh R/O Vill.- Benipur, P.S.- Vaishali, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned Senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 468, 120(B) of the Indian Penal Code.

3. Learned Senior counsel for the petitioner submits that petitioner has antecedent of one case and the complainant alleges that she got 32 decimals of land through sale deed dated 28.10.1980, 29.08,1982 and 06.01.1986 from Hanuman Pandey and came into peaceful possession, further, on 02.07.2015 under conspiracy, the accused persons executed a forged sale deed in favour of the petitioner and accused Chandan Kumar

Patna High Court CR. MISC. No.42161 of 2024(2) dt.25-07-2024 2/3 and Lalan Prasad Singh became identifier and witnesses on the sale deed. Thereafter, a title suit in the court of learned SubJudge-I, Hajipur was filed for cancelling the sale deed and thereafter the sale deed came to be cancelled by a judgment dated 22.03.2021. Thereafter, all the accused persons came at the door of the complainant and assaulted and abused her. The learned Senior counsel submits that from bare perusal of the allegation as alleged in the complaint, it would manifest that petitioner was cheated by the seller of the land as the petitioner was not aware that the land belonged to the complainant. It is further submitted that even the sale deed got cancelled and thereafter complainant instituted the instant complaint alleging that the accused persons abused and assaulted her. It is next submitted that deliberately a complaint has been filed so that the case is not investigated.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.42161 of 2024(2) dt.25-07-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.1529/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T