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Patna High CourtCR. MISC./46940/2019bail granted

Sangeeta Devi v. The State Of Bihar

2019-07-29Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46940 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

Sangeeta Devi, W/o Raj Kumar @ Raj Kumar Ray, Resident of VillageShekhpur, Akharaghat, P.S.- Ahiyapur, Dist.- Muzaffarpur. 2.

Manoj Kumar, Son of Ram Naresh Ray, Resident of Village - Neuri, P.S.- Runnisaidpur, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Town P.S. Case No.18 of 2017 for allegedly having committed the offence under Sections 420, 120B, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are the bona fide purchasers of the land. It is further submitted that the entire case is false and fabricated and the land which was purchased by her and petitioner no.2 were validly sold by means of a registered sale deed and it is on the said basis that they got their names mutated. It is

Patna High Court CR. MISC. No.46940 of 2019(2) dt.29-07-2019 2/2 further submitted that if at all there is a dispute of title, it can well be resolved by the court of competent jurisdiction as it is a dispute of civil nature. It is submitted that it is only with a mischievous intent that the present petitioners have been implicated in the case to take possession of the land by means of ulterior method.

Considering the nature of allegations and that the entire case is of a civil dispute, let 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No.18 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T