Muni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42564 of 2024 Arising Out of PS. Case No.-22 Year-2020 Thana- DORIGANJ District- Saran ====================================================== 1.
Muni Devi W/o Sahdev Sharma R/o Vill - Ismailpur, P.S. - Doriganj, Distt. - Saran at Chapra 2.
Rupesh Sharma @ Rupesh Mahraj S/o Sahdev Sharma R/o Vill - Ismailpur, P.S. - Doriganj, Distt. - Saran at Chapra 3.
Pinkesh Kumar S/o Sahdev Sharma R/o Vill - Ismailpur, P.S. - Doriganj, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Doriganj P.S. Case No.22 of 2020 instituted under Sections 420, 419, 467, 468, 471 and 120B of the Indian Penal Code.
3. It is alleged that the petitioners have got probated the entire property of informant's mother's and his mausi's share on the basis of forged and sada Will and subsequently sold the same to others.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners and informant belong to same family and a title
Patna High Court CR. MISC. No.42564 of 2024(2) dt.07-08-2024 2/2 suit is going on between the parties with respect to ancestral property, Will and its probate. The proceeding with respect to revocation of probate is already pending in the concerned Court. It is further submitted that the disputes between the parties are purely civil in nature. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Doriganj P.S. Case No.22 of 2020, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T