Basumati Devi @ Basanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49078 of 2016 Arising Out of PS.Case No. -593 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Basumati Devi @ Basanti Devi Daughter of Punu Yadav, W/o Sanjay Yadav Resident of Village- Nauru, P.S.- Parasbigha, District- Jehanabad.

2. Sanjay Yadav Son of Late Baldeo Yadav Resident of Village- Ganiyari, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shivendra Prasad, Advocate.

For the Opposite Party : Mr. Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2016 Heard both sides.

The petitioners apprehend their arrest in Jehanabad P.S. Case No. 593 of 2014 registered for the offences punishable under Sections 420, 467, 468 and other Sections of the Indian Penal Code.

The informant alleged that he purchased 14 decimal of land of Khata No. 170, Plot No. 3561/1724 and 14 decimal of land of Khata No. 170, Plot No. 3560/1724 through a registered deed of sale. The petitioner no. 1 Basumati Devi @ Basanti Devi being daughter of Punu Yadav put her signature as a witness but both the petitioners sold the same piece of land to Santosh Kumar. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.49078 of 2016 (2) dt.16-12-2016 2/2 petitioner no. 1 did not put her signature on the sale deed executed in favour of the informant Sarita Devi and her signature was forged. The petitioner no. 1 has filed suit for declaration of execution in favour of Sarita Devi as null and void as the same was forged one. The petitioner no. 2 is the husband of petitioner no. 1.

Considering the facts aforesaid and the fact that the dispute is of civil nature, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Jehanabad P.S. Case No. 593 of 2014, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T