Chanchala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58781 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== 1.

CHANCHALA DEVI Wife of Panchanand Mishra R/V- Sardho, P.SSabour, Dist- Bhagalpur 2.

Panchanand Mishra Son of Yamuna Mishra R/V- Sardho, P.S- Sabour, DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad Mr. Tarun Prasad Mandal For the Opposite Party/s :

Mr. Arun Kumar Singh Mr. Dhananjay Kumar Gupta Mr. Rananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406, 419, 420, 504, 506/34 of the Indian Penal Code.

As per the FIR, the allegation against the petitioner no.1 is that she accepted Rs.11 lakh from the husband of the informant for sale of 3 1⁄2 decimal land but she refused to

Patna High Court CR. MISC. No.58781 of 2022(3) dt.23-01-2023 2/3 execute the sale deed. It is alleged that the petitioners threatened to implicate the informant in a false case. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case with malicious intention to grab the land of the petitioner. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. He submits that there is a civil/money dispute between the parties. Petitioners have no criminal antecedent, as also mentioned in para-6 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as there is a civil/money dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Sabour P.S. Case No.120 of 2022,

Patna High Court CR. MISC. No.58781 of 2022(3) dt.23-01-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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