Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8783 of 2021 Arising Out of PS. Case No.-351 Year-2019 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

GEETA DEVI Wife of Suresh Kewat Resident of Village- Barjhalla Kewat Tola, P.S. - Pranpur, District- Katihar.

2.

Suresh Kewat Son of Late Virendra Kewat Resident of Village- Barjhalla Kewat Tola, P.S. - Pranpur, District- Katihar. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr. Shailendra Kumar, APP Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as Mr. Shailendra Kumar, learned APP for the State. The petitioners apprehend their arrest in connection with Nagar Sahayak P.S. Case No. 351 of 2019, registered for the offences punishable under Sections 465, 467, 468 and 420 of the Indian Penal Code.

As per allegation, the disputed land was belonging to the complainant which was purchased by the petitioner No. 1 by a sale deed executed by an impostor impersonating the

Patna High Court CR. MISC. No.8783 of 2021(4) dt.10-05-2022 2/3 complainant Madhav Prasad Singh. The allegation against the petitioner No. 2 is that being the husband of the petitioner No. 1 he was also instrumental in execution of that sale deed. Learned counsel for the petitioners by drawing my attention towards paragraph Nos. 52, 53 and 54 of the case diary has submitted that the independent witnesses have stated that the Madhav Prasad Singh after receiving the consideration money has executed the sale deed. It has also come in the statement of the, Ram Bilash Singh, attesting witness of the sale deed, whose statement has been recorded in paragraph No. 52 of the case diary, that complainant Madhav Prasad Singh has died as such he has not to state anything in this case. Learned Addl. P.P., Mr. Shailendra Kumar, by referring paragraph No. 20 of the case diary, has submitted that the land in dispute was transferred in favour of Ram Bilash Singh by the complainant.

Ram Bilash Singh himself stated in paragraph No. 52 of the case diary that he has no concern with the dispute, as such, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.8783 of 2021(4) dt.10-05-2022 3/3 of learned Chief Judicial Magistrate, Katihar in connection with Nagar Sahayak P.S. Case No. 351 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T