Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.419 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

MANJU DEVI Wife of Parsoram Rai @ Parshuram Rai Resident of Village - Kritpura, Police Station - Buxar (Muffasil), District - Buxar. 2.

Parsoram Rai @ Parshuram Rai Son of Late Baleshwar Rai Resident of Village - Kritpura, Police Station - Buxar (Muffasil), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr. Ashok Kumar Singh Mr. Bachan Jee Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 406, 420 of the Indian Penal Code.

As per the prosecution case, petitioner No.1 sold three katha of land of Khata No. 83, Plot No. 91, Khesra No. 321 for a consideration amount of Rs. 15 lacs but when Amin measured the land it was found that only 15 dhurs of land was remaining with the vendor and rest of the land was belonging to Canal department.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is submitted that after partition petitioner No.2 has got one acre 10 decimals of land of Khata No. 83 plot No. 91 but they sold only 9.375 decimals of land to the informant and

Patna High Court CR. MISC. No.419 of 2021(7) dt.01-09-2022 2/2 after execution of sale deed the informant got possession of the land. It is next submitted that there was no agreement in respect of 7 decimals of land of Khata No. 283, Khesra No. 243 and only to pressurize the petitioners this false case has been filed. Moreover, the dispute appears to be civil in nature. Petitioners have got clean antecedent.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submits that by misrepresenting the facts the accused persons sold 9.375 decimals of land to the informant but after measurement only 15 decimals of land was found.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) PS case No.220/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. BKS/- (Prabhat Kumar Singh, J) U T