Bijanti Devi @ Binti Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.31062 of 2017 (2) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31062 of 2017 Arising Out of PS.Case No. -25 Year- 2010 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Bijanti Devi @ Binti Devi Wife of Ram Pravesh Yadav, Resident of Village- Deokuli, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baldeo Yadav, son of Late Natho Yadav, Resident of Village- Deokuli, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-07-2017 Heard both sides.

The petitioner is apprehending arrest in connection with Complaint Case no. 25 of 2010 registered for the offence under Sections 420, 467 and 468 of the Indian Penal Code. The complainant in his complaint petition has alleged that he has an ancestral land over 40 decimals of plot no. 40. He has doubled storied house over the same. The accused persons in order to grab his land, has manufactured some documents and want to take possession over the same. A Panchayati was also convened where both parties produced their documents. The documents produced by the petitioner as well as accused persons were found forged/fake and thereby committed offence under

Patna High Court Cr.Misc. No.31062 of 2017 (2) dt.11-07-2017 Sections 420, 467 and 468 of the IPC.

It is submitted that the complaint case was filed on 07.07.2010 and after seven years of alleged occurrence, C.J.M. has taken cognizance in the year 2017. The petitioner has got her land in front of the house of the complainant and in the year 2005 a proceeding was initiated under Section 144 of the Cr.P.C. over the said land between the parties vide P.S. Case no. 888 of 2005 which was dropped by S.D.M., Jehanabad on 21.09.2005 considering the nature of dispute as civil. The allegation of committing forgery and cheating appears omnibus against the petitioner.

Considering the facts and circumstances of the case, the prayer of the petitioner is allowed. The petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jehanabad, district-Jehanabad in connection with Complaint Case no. 25 of 2010, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure. (Sanjay Kumar, J) rohit/- U T