Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45493 of 2022 Arising Out of PS. Case No.-471 Year-2021 Thana- BUXAR District- Buxar ====================================================== 1.

SANGITA DEVI Wife of Sanjay Kumar Singh R/v- Koerpurwa, Ward no. 32, P.s- Buxar-T, Dist- Buxar 2.

Indrawati Devi Wife of Heera lal Singh R/v- Koerpurwa, Ward no. 32, P.sBuxar-T, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP For the Informant :

Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are women having clean antecedent and the informant alleges that a complaint was filed by Sadanand alleging that without mutation, the petitioners are paying rent of the land in connivance with the Revenue Clerk, it is next alleged that an inquiry was conducted by Shri Prabhat Kumar, (Bihar Administrative Service) Deputy Collector, Land Reforms, Buxar

Patna High Court CR. MISC. No.45493 of 2022(2) dt.22-12-2022 2/3 who found the Revenue Karmachari guilty of tampering with the government records, further in appeal also, the order was upheld by the Additional Collector.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the dispute is purely civil in nature and the petitioners were paying rent with respect to the land in question which belongs to them, it is next submitted that entire inquiry conducted by Shri Prabhat Kumar was carried out behind their back and they were not given any opportunity to explain their side of the case. It is also submitted that petitioners are not aware that on what basis, the Revenue Karmchari has been held guilty in the proceedings, it is further submitted that a title suit has also been filed after the present FIR came to be instituted seeking declaration of title over the land in question. Learned A.P.P.

for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioner that the dispute is purely civil in nature to which a criminal colour has been given.

Patna High Court CR. MISC. No.45493 of 2022(2) dt.22-12-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Buxar (Town) P.S. Case No. 471 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T