Babita Devi @ Jago Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6125 of 2021 Arising Out of PS. Case No.-141 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

BABITA DEVI @ JAGO DEVI W/o Anil Yadav Resident of Village- Jiagan Saidpur, P.S.- Samho, Distt- Begusarai.

2.

ANIL YADAV S/o Late Nageshwar Yadav Resident of Village- Jiagan Saidpur, P.S.- Samho, Distt- Begusarai.

3.

RAJAN YADAV S/o Jango Yadav Resident of Village- Jiagan Saidpur, P.S.- Samho, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 141C/2015 instituted for the offence punishable under Sections 420, 467, 468, 120(B) and 34 of the Indian Penal Code.

As per allegation in the FIR, a piece of land bearing khata No. 43, Khesra No. 44 and 203, Tauzi No. 987, Thana No. 432, area 02, Bigha 04 Katha 05 dhur is registered in the name of Tam Tahal Rai and the complainant and his family members

Patna High Court CR. MISC. No.6125 of 2021(5) dt.23-03-2022 2/3 have been in peaceful possession over the said land. It is further alleged that co-accused Baidhanath Ray had executed sale deed in favour of petitioner no. 1 and Awadh Yadav. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioner no. 1 has purchased the alleged land from co-accused Bidhanath Ray. Petitioner no. 2 is husband of petitioner no. 1 and petitioner no. 3 is witness of the aforesaid deed. No forgery is committed by all these petitioners. In the present case, the questions of title have been raised and the prosecution is based on rival claims to the land in question raising a predominantly civil dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 141C/2015, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.6125 of 2021(5) dt.23-03-2022 3/3 amount each to the satisfaction of learned ADJ-IV, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T