Geeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26228 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Geeta Devi, W/o late Rajeshwar Singh, R/o Village- Bhikhanpura, P.S.- Sadar, District- Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar
2. Mukesh Rai @ Mukesh Kumar, S/o Uday Narayan Rai, R/o vill.-Dahiya, P.S.- Bhagwanpur, Dist.-Begusarai .... .... Opposite Parties ====================================================== Appearance:
For the Petitioner : Mr. Manish Kumar -3, Advocate For the Opposite Party : Mr. Khurshid Anwar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel appearing on behalf of the State.
The petitioner is apprehending her arrest in connection with Sadar P.S. Case No. 30 of 2016 registered for the offences punishable under Sections 323, 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Considering the fact that there is a serious dispute with regard to title between the parties, it appears that the appropriate remedy in the said case, for the parties, is to approach the court of competent jurisdiction for adjudication of their rights rather than to contest the matter through the criminal proceeding.
Patna High Court Cr.Misc. No.26228 of 2016 (3) dt.27-10-2016 2/2 In view of such facts and it is a dispute of civil nature, let 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, 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, Muzaffarpur in connection with Sadar P.S. Case No. 30 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T