Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46300 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHAJITPUR District- Saran ====================================================== 1.

Kaushalya Devi Wife Of Munshilal Prasad @ Manshilal Prasad Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran 2.

Phooljhari Devi Wife Of Bhola Prasad Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran 3.

Rajesh Tiwari Son Of Sukadev Tiwari Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran 4.

Jitendra Prasad Son Of Munshilal Prasad @ Manshilal Prasad Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran 5.

Satyendra Prasad @ Satendra Prasad Son Of Munshilal Prasad @ Manshilal Prasad Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, DistrictSaran 6.

Deepak Prasad @ Deepak Kumar Son Of Bhola Prasad Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran 7.

Aditya Kumar Dixit Son Of Daroga Dixit Resident Of Village Chittoni, Dhanawn, P.S.-Sahajitpur, District-Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayush Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Notice has been issued and has validly been served upon opposite party no. 2, but nobody appears on behalf of opposite party no. 2.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 420,

Patna High Court CR. MISC. No.46300 of 2023(3) dt.04-01-2024 2/3 467, 468, 471, 472, 120(B), 34 of the Indian Penal Code.

4. As per the prosecution case, informant alleged that his son sold his ancestral property, declaring him as dead, to the petitioners no. 1 and 2. The petitioner no. 3 is the witness and the identifier and the petitioner no. 7 is the Deed writer.

5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that, as a matter of fact, after filing the present case the informant has filed a title suit bearing Title Suit No. 381/2023 in the learned Court below. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case, arguments of the parties, perusal of the records and the fact that there is civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.46300 of 2023(3) dt.04-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sahajitpur P.S. Case No.186 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T