Manju Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32343 of 2015 Arising Out of PS.Case No. -310 Year- 2014 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Manju Devi, wife of Manraj Mahto,
2. Vinod Das, son of Rameshwar Das
3. Mithilesh Kumar, son of Ram Lakhan Singh All are residents of Village- Lakshmi Naryanpur, Police Station- Garaul, District- Vaishali, Hazipur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Adv. For the informant : Mr. Indra Kumar Singh, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioners as well as learned counsel for the informant and learned Assistant Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Mahua P.S. Case No. 310 of 2014, disclosing offences under Sections 420, 467, 468 and 120B of the Indian Penal Code. Briefly narrated, the prosecution story is that one Anil Kuamr Srivastava executed sale deed in favour of the petitioner no. 1, Manju Devi with respect to some piece of land. Petitioner nos. 2 and 3 are witness and identifier respectively in the said sale deed. It is alleged that the said piece of land belonged to the informant, which has been fraudulently shown to have been transferred to the petitioner by the executant, Anil Kumar Srivastava.
Patna High Court Cr.Misc. No.32343 of 2015 (2) dt.14-08-2015 2/2 Learned counsel appearing on behalf of the petitioners submits that it is primarily a civil dispute between the parties for which a Title Suit has already been filed by the informant.
In view of the nature of allegation and the dispute between the parties, I do not find any reason to reject this application. This application for anticipatory bail is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hazipur in connection with Mahua P.S. Case No. 310 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Vats/- U T