Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51758 of 2021 Arising Out of PS. Case No.-781 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

SITA DEVI wife of Jharkhandi Nath Singh Resident of Village - Suari, P.S. - Agiaon (G), District - Bhojpur.

2.

JHARKHANDI NATH SINGH Son of Late Sheo Prasan Singh Resident of Village - Suari, P.S. - Agiaon (G), District - Bhojpur. 3.

RAJDEO SINGH Son of Late Shiv Kumar Singh Resident of Village - Suari, P.S. - Agiaon (G), District - Bhojpur. 4.

RAMAYAN YADAV Son of Late Ram Vilas Yadav Resident of Village - Dhamania, P.S. - Agiaon (G), District - Bhojpur. ... ... Petitioners

Versus

1.

The State of Bihar 2.

MANOJ KUMAR Son of Late Nathuni Bhagat Resident of Village - Dhamania, P.S. - Agiaon (G), District - Bhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

Learned counsel for the petitioners has submitted that petitioner Nos. 2 and 4 have been arrested and petitioner No. 3 has surrendered before the court below, as such, the anticipatory

Patna High Court CR. MISC. No.51758 of 2021(3) dt.30-08-2022 2/3 bail petition in their respect has become infructuous and it has already been withdrawn vide order dated 25.05.2022. The petitioner No. 1 apprehends her arrest in connection with Complaint Case No. 781 (C) of 2017, registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code.

As per allegation, the disputed land was actually belonged to the agnates of the informant but petitioner No. 2 in collusion with Rajkali Devi and Raj Munna Kunwar got sale deed of that land in favour of petitioner No. 1 who is wife of petitioner No. 2.

Learned counsel for the petitioner has submitted that it is a case of civil dispute and a title suit between the parties is pending. He has submitted further that on similar footing coaccused Rajkali Devi and Raj Munna Kunwar executors of sale deed have been granted anticipatory bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara

Patna High Court CR. MISC. No.51758 of 2021(3) dt.30-08-2022 3/3 in connection with Complaint Case No. 781 (C) of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T