Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62024 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- CHANDAN District- Banka ====================================================== 1.

MANJU DEVI Wife of Kishore Prasad Keshri Resident of village - Chandan, P.S.- Chandan, District - Banka.

2.

Kishore Prasad Keshri Son of Satya Narayan Keshri Resident of village - Chandan, P.S.- Chandan, District - Banka.

3.

Taslim Ansari Son of Samsul Ansari Resident of village - Chandan, P.S.- Chandan, District - Banka.

4.

Farid Ansari Son of Sakur Ansari @ Abdul Sakur Resident of village - Chandan, P.S.- Chandan, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 420, 467, 468, 471, 406/34 of the Indian Penal Code.

It is alleged that one Gita Devi entered into an agreement with Khurshid Shekh (husband of complainant) with regard to sell of land of 1.25 Decimal on consideration amount of Rs. 6,11,000/-, out of which, Rs. 6,03,000/- was already paid to Gita Devi by husband of complainant and rest amount i.e. Rs. 8,000/- was to be paid after execution of registry of land. It is

Patna High Court CR. MISC. No.62024 of 2022(2) dt.11-04-2023 2/3 further alleged that after giving money, co-accused Gita Devi started avoiding complainant and thereafter, the complainant came to know that on instigation of petitioners no. 3 & 4, coaccused Gita Devi executed sale-deed in the name of petitioner no. 1 & 2 on 17.05.2022. It is further alleged that on 10.06.2022, when the complainant/informant and her husband went to the house of Gita Devi for demanding their money, then all the accused persons assaulted them and tried to molest the informant/complainant and disrobed.

It is submitted on behalf of petitioners that petitioners have committed no offence and they have been falsely implicated in this case. It is out-and-out a civil dispute. Petitioner no. 1 is bona fide purchaser of land, petitioner no. 2 is husband of petitioner no. 1 and petitioners no. 3 & 4 are witnesses to the sale-deed. It is further submitted that after giving money, the land in question was registered in the name of petitioner no. 1 and as such, no offence is made out under aforesaid sections against these petitioners. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.62024 of 2022(2) dt.11-04-2023 3/3 arrest/surrender within a period of six weeks from today, be enlarged 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 learned C.J.M., Banka in connection with Chandan P.S. Case No. 142 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T