Sabitri Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35344 of 2014 Arising Out of PS.Case No. -97 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================
1. Sabitri Devi wife of Kameshwar Prasad Sharma
2. Kameshwar Prasad Sharma @ Kapil, son of Shri Ramadhin Prasad Sharma Both are resident of village- Saini Tola, P.S. Bakhtiyarpur, DistrictSaharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Dr.Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest for the offences instituted under Sections 147/148/149/323/341/ 465/467/ 468/504 / 506 and 420/34 of the Indian Penal Code. The prosecution story, in brief, is that Rajaram Yadav has agreed upon to sell the land to the complainant and consideration money was also given but the land was not executed then complainant contacted with other accused persons who has assured that the land will be executed later on and the Savitri Devi (petitioner) and Dropadi Devi has executed some land to the complainant/informant and Kameshwar Pd. Sharma (petitioner)
Patna High Court Cr.Misc. No.35344 of 2014 (7) dt.03-09-2015 P2/3 and Ramesh Sharma told to the complainant that there is some land also and they will transfer that land to the complainant and for some land Dropadi Devi and Savitri Devi has executed deed which was already sold to some other persons by their father and the accused persons have cheated the complainant and also assaulted the complainant.
It has been submitted on behalf of the petitioners that the petitioner has got no criminal antecedent. It is further submitted that Annexure-2 was filed by petitioner No. 1 against the informant for non-payment of the consideration amount. Petitioner No. 1 is a lady and petitioner No. 2 is the husband of petitioner No. 1. It is further submitted that the matter relates to civil dispute. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Saharsa (Sadar) P.S. Case No. 97 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) of the
Patna High Court Cr.Misc. No.35344 of 2014 (7) dt.03-09-2015 P3/3 Code of Criminal Procedure.
(Sudhir Singh, J) Saif/- U T