Sushila Kunwar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50980 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -BHELDI District- SARAN ======================================================

1. Sushila Kunwar

2. Manish Kumar @ Raja @ Manish Kr. @ Raja

3. Suraj Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Choudhary Shyam Nandan, Adv. For the informant : Md. Shakir Ahmed, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bheldi P.S. Case No. 121 of 2017 instituted for the offence under Sections-420, 467, 468, 469, 470, 471, 120(B)/34 of the Indian Penal Code. It is alleged in the written report that the informant purchased the land as mentioned in the written report by registered sale deed dated 26-03-1990 from one Surji Devi and in the aforesaid sale deed, Bajrangwali Tiwary and Bindeshwari Pandit were witnesses. The informant is in possession of the land since her purchase. Her name was mutated in records and rent receipts have been issued in her favour. She has got rent receipts upto 2016-17.

The informant alleged that on 10-01-2015, Sushila Kunwar, the wife of late Bajrangwali Tiwary had executed sale deed with respect to the same piece of land in favour of Pradeep Kumar Verma wherein the two sons of Sushila Kunwar namely Manish Kumar and

Patna High Court Cr.Misc. No.50980 of 2017 (3) dt.03-11-2017 Suraj Kumar (petitioner Nos. 2 & 3) were witnesses of the forged sale deed.

It is an admitted fact that the sale deed dated 26-03-1990 was executed in favour of the informant. The husband of petitioner No. 1 was one of the witness on that sale deed. The petitioner No. 1 executed the sale deed in the year, 2015 with respect to the aforesaid land in favour of Pradeep Kumar Verma wherein two sons of petitioner No. 1 were witnesses.

Therefore, this court finds that there is specific allegation of overt act against these petitioners.

Accordingly, prayer for anticipatory bail to the petitioners is rejected.

The petitioners are directed to surrender in the court below within four weeks from today and seek regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T