Sarita Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44085 of 2024 Arising Out of PS. Case No.-1513 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.
Sarita Pandey, aged about 34 years, Gender- Female, wife of Rajnikant Pandey, resident of Harigaon, P.S.- Jagdishpur, Distt.- Bhojpur 2.
Rakesh Pandey @ Sagun Pandey @ Saguni Pandey, aged about 52 years, Gender- Male, son of Shivshankar Pandey, resident of Bagwan, P.S.- Gandhani, Distt.- Bhojpur ... ... Petitioner/s
Versus
1. The State of Bihar
2. Prem Sundari Devi, aged about 87 years, Gender- Female, wife of late Alakh Pandey, resident of Haigaon, PS- Jagdishpur, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Learned counsel for the petitioners submits that this application has become infructuous in so far as it relates to petitioner no.2, Rakesh Pandey @ Sagun Pandey @ Saguni Pandey, on account of his arrest during pendency of this application. Learned counsel seeks permission to withdraw this application in so far as it relates to petitioner no.2, Rakesh Pandey @ Sagun Pandey @ Saguni Pandey.
2. Accordingly, this application is dismissed as withdrawn in so far as it relates to petitioner no.2, Rakesh Pandey @ Sagun Pandey @ Saguni Pandey.
3. Heard learned counsel for the petitioner no.1 and
Patna High Court CR. MISC. No.44085 of 2024(2) dt.24-07-2024 2/3 learned Additional Public Prosecutor for the State.
4. The petitioner no.1 apprehends arrest in connection with Complaint Case No.1513-C of 2022 dated 08.09.2022, instituted under Sections 323, 341, 420 and 120-B of the Indian Penal Code.
5. The allegation against the petitioner no.1, who is the daughter-in-law of the complainant, is that she in connivance with other accused got executed sale deed in respect of the lands of the complainant.
6. Learned counsel for the petitioner submits that the complainant has filed the complaint against her son, daughterin-law and brother of the daughter-in-law. Learned counsel further submits that the complainant was residing with the petitioner no.1 and her younger son, Rajnikant Pandey, and they were taking care of the complainant, but on 15.08.2022, the elder son of the complainant came to the house of Rajnikant Pandey, husband of the petitioner no.1, and brought the complainant with him on false pretext and thereafter present complaint case has been filed. It is further submitted that civil dispute is going on between the parties. Srikant Pandey, the elder son of the complainant has filed Title Suit No.127 of 2022 against Rajnikant Pandey, who is the husband of the petitioner
Patna High Court CR. MISC. No.44085 of 2024(2) dt.24-07-2024 3/3 no.1. Lastly, it is submitted that the petitioner no. 1 has no criminal antecedent.
7. Learned APP has opposed the prayer for bail.
8. Having considered 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 petitioner no.1, Sarita Pandey, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhojpur, at Ara, in Complaint Case No.1513-C of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
9. The application stands disposed of.
(Khatim Reza, J) J. Alam/- U T