Manju Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64603 of 2018 Arising Out of PS. Case No.-492 Year-2018 Thana- DANAPUR District- Patna ======================================================

1. Manju Devi W/o Nirmal Kumar

2. Ved Prakash S/0 Nirmal Kumar

3. Samir Raj S/o Nirmal Kumar All Resident of Mohalla- Pachuchak, P.S. Danapur, Distt.-Patna

4. Mahanand Prasad S/o Late Shatrudhan Prasad Resident of Mohalla Tolapar Maner, P.S. Maner Distt.-Patna, at present resident of J/28 Vinod Bihari Path, P.S. Khankarbagh, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Danapur P.S. Case No. 492/2018 registered for the offences punishable under Sections 420, 406, 467, 469, 471, 389, 323, 379, 504, 506, 120(B)/34 of the Indian Penal Code. According to the complaint case itself, it were Arvind Kumar and Sawita Devi, who transferred the land in favour of the informant and it is only stated in the complaint petition that prior to purchase of lands in question the informant had consulted with the petitioners, who gave clean chit regarding title of the aforesaid Arvind Kumar and Sawita Devi, but subsequently, the petitioners filed title suit against the aforesaid

Patna High Court Cr.Misc. No.64603 of 2018(2) dt.14-12-2018 2/2 Arvind Kumar and Sawita Devi as well as the informant. Learned counsel appearing for the petitioners submits that although the case has been registered under various Sections of I.P.C. but only Sections 323 and 379 of the Indian Penal Code are applicable against the petitioners and so far as the allegation of aforesaid offences is concerned, the same appears to be superficial. Learned counsel further submits that, moreover, the contents of complaint petition go to show that there is land dispute between the parties.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that above-named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in Danapur P.S. Case No. 492/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T