← Library
Patna High CourtCR. MISC./43810/2022allowed

Priyanka Kumari v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43430 of 2022 Arising Out of PS. Case No.-723 Year-2021 Thana- BIHTA District- Patna ====================================================== 1.

NITISH KUMAR S/O AJAY RAI Resident of village- Hanuman Ganj, P.S.- Shahpur District- Patna 2.

PANKAJ KUMAR S/O LATE RAJRUP SINGH Resident of Village- Sattar, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43810 of 2022 Arising Out of PS. Case No.-723 Year-2021 Thana- BIHTA District- Patna ====================================================== 1.

PRIYANKA KUMARI Wife of Alok Kumar Resident of Gandhi Nagar Gali No. 12, P.S.- Dihri on Son Distt.- Rohtas.

2.

Sudhir Kumar Son of Ravindra Singh Resident of village- Tikaitpur, P.S.- Bihta, Distt.- Patna.

3.

vidya Sagar Son of Jeet Lal Singh Resident of Vill.- Hanuman Ganj, P.S.- Shahpur, Distt.- Patna.

4.

Nitish Kumar Son of Umashanker Singh Resident of Vill- Kathautiya Kalan, P.S.- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 43430 of 2022) For the Petitioner/s :

Mr.Suresh Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 43810 of 2022) For the Petitioner/s :

Mr.Suresh Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard Mr. Yogesh Chandra Verma, learned Senior counsel assisted by learned counsel, Mr. Amrendra Kumar for

Patna High Court CR. MISC. No.43430 of 2022(3) dt.12-12-2022 2/3 the petitioners and learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Learned Senior counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code. Learned Senior counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner is only a witnesses of the sale deed. He submits that the informant had filed a title suit no.341/2022 for the cancellation of said suit. He submits that the petitioners are the purchaser of the said land. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail and submits that petitioners and other co-accused had produced forged

Patna High Court CR. MISC. No.43430 of 2022(3) dt.12-12-2022 3/3 documents for the sale deed.

Considering the facts and circumstances of the case and the fact there is a civil dispute between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihta P.S. Case No. 723 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Both the parties are directed to cooperate with the trial.

(Anjani Kumar Sharan, J) ajay/- U T