Lalmuni Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47893 of 2017 Arising Out of PS. Case No.-374 Year-2017 Thana- BUXAR District- Buxar ====================================================== 1.
Lalmuni Devi,Wife of Shiv Shankar Sah, Resident of VillageAmirpur 2.
Karan Singh @ Kiran Singh @ Karn Singh, Son of Late Ramprit Singh.
3.
Ram Bahadur Singh, Son of Late Hira Rai. Both 2 & 3 are Resident of Village- Navanagar, All P.S.-Navanagar, District Buxar. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 472, 341, 323, 504 and 506/34 of the Indian Penal Code. The prosecution got initiated on filing of Complaint Case No. 452(c) of 2017, which ultimately got registered as Buxar Town P.S. Case No. 374 of 2017, after being transferred under Section 156(3) of the Cr. P.C. The prosecution case is that Ramajeet Singh and Nikhil Singh, the co-sharer of the informant, executed a sale deed with regard to the share of the land of the informant in favour of petitioner nos. 1 and 2, Karan Singh @ Kiran Singh and Lalmuni Devi. Petitioner no.3 was the witness to the alleged sale deed. On 31.05.2017, the informant
Patna High Court Cr.Misc. No.47893 of 2017(2) dt.18-10-2017 2/2 enquired about the matter, upon which the accused persons abused, assaulted and threatened to kill the informant. It is submitted by learned counsel for the petitioners that on payment of valid consideration amount, the sale deed was executed and since the informant was opposing the execution of sale deed, hence frivolous case has been lodged. Moreover, even assuming the accusation, no offence is made out, nor the informant has received any injury. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the nature of accusation levelled in background of dispute with regard to execution of sale deed, let the above named petitioners be released on anticipatory bail, in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing the bail bonds of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Buxar, in connection with Buxar Town P.S. Case No. 374 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U