Sushila Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3960 of 2017 Arising Out of PS.Case No. -124 Year- 2006 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Sushila Devi, W/O Harilal Rai,

2. Harilal Rai, S/O Late Shivpujan Rai,

3. Lakshaman Rai, S/O Late Shivpujan Rai, All Residents of VillageRahipur, P.S.-Marhaura, District- Saran At present residing at VillageHamidpur, P.S. - Baikunthpur, Dist.- Gopalganj.

4. Nawal Rai @ Nawal Kishor Rai, S/O Bishwanath Rai, resident of village Sonwalia, P.S. Baikunthpur, Dist.- Gopalganj.

5. Mantu Kumar, S/O Bharat Prasad, Resident of Mohalla - Rajendra Nagar, P.S. - Nagar Gopalganj, Dist.- Gopalganj.

6. Atiullah, S/O Late Ahmed Ali, Resident of village- Bangra Nizamat, P.S. - Thawe, Dist.- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sampatiya Devi @ Sampati Kunwar, W/O Late Chnadrama Mahto, Resident of Village-Hamidpur, P.S.-Baikunthpur, Dist.- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Complaint Case No. 124 of 2006/ Trial No. 719 of 2016 for the offences punishable under sections 420, 467, 468 and 120 B of the I.P.C. The complaint case bearing no. 124 of 2006 filed by the complainant Sampatia Devi @ Sampati Kunwar @ Sampatia Kunwar was sent for registering the FIR and accordingly

Patna High Court Cr.Misc. No.3960 of 2017 (5) dt.03-05-2017 2/2 Baikunthpur P.S. Case No. 24 of 2006 was registered and after completing investigation final form was submitted after finding the allegation false. Thereafter on the basis of the protestcomplaint cognizance has been taken. The petitioner no.1 is the purchaser, petitioner no.2 is her husband, petitioner no.3 is a witness of the sale deed, petitioner no.4 is the relative, petitioner no.5 is also witness, whereas, petitioner no.6 is the deed writer. They have been made accused with oblique motive. The dispute appears purely of civil nature and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that after completing the investigation final form was submitted bearing no. 57 of 2006.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order 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. Sri Arun Tiwary, J.M. 1st Class, Gopalganj in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T