Archana Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22940 of 2015 Arising Out of Case No. -215 Year- 2012 Thana -SARAN COMPLAINT CASE District- SARAN ======================================================
1. Archana Devi, Wife of Arun Kumar
2. Arun Kumar, Son of Late Nagnarayan Sing, Both are residents of Village- Umdha, Police Station- Chapra Muffasil, District- Saran, Presently resided at Mohalla- Bhagwan Bazar Ratanpura, Police Station- Bhagwan Bazar, District- Saran. .... .... Petitioners
Versus
1. The State of Bihar
2. Satyendra Kumar Singh, Son of Late Nagnarayan Sing, Resident of Village- Umdha, Police Station- Chapra Muffasil, District- Saran, Presently resided at Mohalla- Bhagwan Bazar Ratanpura, Police Station- Bhagwan Bazar, District- Saran .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwendra Kumar, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioners, the State and the complainant.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420 and 504 of the Indian Penal Code.
The complainant has alleged in the complaint petition that the petitioners obtained a forged and fabricated gift deed from his mother under conspiracy and this fact came to the knowledge of the complainant on 9.01.2012, then he obtained certified copy of the deed. It has been further alleged that his mother has not executed any deed in favour of the petitioners
Patna High Court Cr.Misc. No.22940 of 2015 (2) dt.02-09-2015 2/2 rather they created false and fabricated deed with a view to grab the share of the complainant.
On behalf of the petitioners, it is submitted that the petitioners have got no criminal antecedent. The alleged dispute relates to civil in nature. There is a civil suit also pending between the parties.
On behalf of the State and the counsel for the complainant, it is submitted that the petitioners are named in the complaint case and by way of fraud, they have got a deed of gift in their favour.
Considering the aforesaid facts and circumstances and also the fact that the matter relates to civil in nature, let the petitioners above-named be released on bail in the event of their arrest or surrender within a period of four weeks on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate1st Class, Chapra in connection with Trial No.3602/2014 arising out of Complaint Case No.215 of 2012 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sudhir Singh, J) V.K. Pandey/- U T