Prem Lata Bharti v. The State Of Bihar

Patna High Court Cr.Misc. No.34836 of 2017 (2) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34836 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Prem Lata Bharti, Wife of Manoj Singh, resident of Village- Pansalba, P.S. Beldaur, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioner apprehends her arrest in Beldaur P.S. Case No. 1 of 2017 registered for the offences punishable under Sections 341, 323, 447, 467, 465, 468, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that there was partition among the informant and his two sons in the year 1995 but, his eldest son Jayant Kumar Singh used to torture the informant and his wife. It is further alleged that Jayant Kumar Singh the eldest son of the informant impersonated his mother by setting his mother-in-law and executed the sale deed with regard to the land of the share of his mother in favour of the petitioner Prem Lata Bharti. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.34836 of 2017 (2) dt.11-08-2017 petitioner is bonafide purchaser of land. She did not know the vendor from before. Jayant Kumar Singh claimed the lady to be his mother and executed the sale deed.

Learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner.

The petitioner purchased the land and she was not knowing the vendor from before who is alleged to have impersonated the mother of Jayant Kumar Singh. Considering the facts aforesaid and the fact that the petitioner is a lady, 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 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-III, Khagaria in Beldaur P.S. Case No. 1 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T