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Patna High CourtCR. MISC./57466/2022partly allowed disposal

Ranju Devi v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57466 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Ranju Devi Wife Of Prashant Kumar Resident Of Village- Hariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas 2.

Sushil Kumar Son Of Late Vidyanand Prasad Resident Of VillageHariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas 3.

Munni Devi Wife Of Motichand Sah Resident Of Village- Hariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas 4.

Motichand Sah Son Of Ramdas Sah Resident Of Village- Hariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indu Devi @ Gudia Devi Wife Of Dinesh Prasad Resident Of VillageHariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Learned counsel for the petitioners submits that the petitioner no. 2 has died during the pendency of this application, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2.

Permission is granted.

Accordingly, this application with regard to petitioner no. 2 is dismissed as withdrawn.

Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323,

Patna High Court CR. MISC. No.57466 of 2022(2) dt.20-12-2022 2/3 325, 406, 420, 467 and 468/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the informant requested the husband of the petitioner no. 1 to sell the land in favour of the informant. The husband agree to execute three decimal land bearing Khata No. 1292, plot no. 2599 for amounting of Rs. 1,80,000/- only. The husband of the petitioner no. 1 executed the sale deed. After the registration of sale deed, the informant got mutated the land in question in his name and getting rent receipt in favour of the informant. He submits that the informant had earlier filed complaint case vide Complaint Case No. 13 of 2018 against the petitioner no.

1 and others for the same fact before the learned court below. He submits that the matter has been compromised in between the parties and according to the compromise, it has been settled that the petitioner no. 1 and Prashant Kumar will pay the amount of Rs. 3,10,000/- to the informant and after payment of the aforesaid amount, the informant will vacate the house of the petitioner. He further submits that petitioner no. 1 has one criminal antecedent and rest of the petitioners have no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.57466 of 2022(2) dt.20-12-2022 3/3 bail.

Considering the facts and circumstances of the case and the fact that the dispute involved in the present case is purely of civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nasriganj P.S. Case No. 21 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T