Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43237 of 2015 Arising Out of PS.Case No. -236 Year- 2014 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Manju Devi, Wife of Sri Shyam Kishore Singh, Resident of VillageGorigawan, P.S. Saraiya, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Learned counsel for the complainant is also present.

The petitioner is apprehending her arrest in connection with Paru P.S. Case No. 236 of 2014, registered for offences punishable under Sections 420, 406, 467, 468,471, 472, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that after perusal of the facts of the case, it appears that the sale was executed in favour of the present petitioner and the nephew of the complainant had, in fact, organized the entire transaction. Learned counsel for the petitioner further submits that the petitioner is a bonafide purchaser and has nothing to do with fraud which was perpetuated between the uncle and nephew. He further submits

Patna High Court Cr.Misc. No.43237 of 2015 (5) dt.16-02-2016 2/2 that if at all there was some fraud, it is open for the complainant to get the said sale deed repudiated in the court of competent jurisdiction. So far as the petitioner is concerned she has nothing to do with the fraud rather she has just taken and entered into the sale transaction under the bonafide belief that the complainant was selling his land.

Considering the facts and circumstances and it is observed that the petitioner in the present case has limited role to play, let the petitioner above named, in the event of her 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 enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Muzaffarpur, in connection with Paru P.S. Case No. 236 of 2014 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T