Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56722 of 2024 Arising Out of PS. Case No.-897 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

Urmila Devi, W/o Late Lanmi Paswan, Resident of Village-Singhiya Bujurg Dakshin Tola Bhiri, P.S- Bibhutipur, Distt- Samastipur. 2.

Lalo Paswan, S/o Chhotan Paswan, Resident of Village-Singhiya Bujurg Dakshin Tola Bhiri, P.S- Bibhutipur, Distt- Samastipur. ... ... Petitioners

Versus

1.

The State of Bihar.

2.

Kumari Chandramukhi Prabha, W/o Ajit Kumar Paswan, R/o Bhiri Tola, P.S- Bibhutipur, Distt.- Samastipur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Bhubneshwar Mahto, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with C.R. No.897 of 2022 in which cognizance has been taken for the offences punishable under Sections 323, 420, 468 and 504 of the Indian Penal Code.

3. The allegation against the petitioners is to

Patna High Court CR. MISC. No.56722 of 2024(2) dt.13-09-2024 2/3 cheat complainant along with other co-accused persons, while executing sale deed for the piece of land as described in bail petition.

4. It is submitted by learned counsel for the petitioners that petitioners are bona fide purchaser of the land in dispute after paying the consideration amount of Rs.9,47,000/-. It is further submitted the petitioners themselves are the victim of circumstances. They are bona faide purchaser of land. While concluding argument, it is submitted that petitioner no.1 is a lady of clean antecedent, whereas petitioner no.2 is also a man of clean antecedent.

5. Learned APP opposes the prayer for grant of anticipatory bail to the petitioners.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact, as petitioners appears prima-facie bona fide purchaser of land in dispute after paying consideration amount of Rs.9,47,000/-, accordingly, both above-named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be

Patna High Court CR. MISC. No.56722 of 2024(2) dt.13-09-2024 3/3 released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Rosera, Samastipur in connection with Complaint Case No.897 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./under Section 482(2) of the B.N.S.S.

(Chandra Shekhar Jha, J.) Sanjeet/- U T