Shyamsundar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65707 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

SHYAMSUNDAR THAKUR S/O JANGI LAL THAKUR R/O VILLAGKORGIA TOLE, P.S- PHULPARAS, DISTT.- MADHUBANI. 2.

RANI DEVI W/O SHYAM SUNDAR THAKUR R/O VILLAG- KORGIA TOLE, P.S- PHULPARAS, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SUKDEO THAKUR S/O LATE KARI THAKUR R/O VILLAGE- MAINHI WARD NO. 5, P.S- GHOGHARDIHA, DISTT.- MADHUBANI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners submits that notices on behalf of the O.P. No. 2 was received by her daughter-in-law and accordingly an application of the jointness has been filed.

3. In view of the submissions made by the learned counsel appearing on behalf of the petitioners, the notice is deemed to have been validly served.

4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 327, 386

Patna High Court CR. MISC. No.65707 of 2023(4) dt.12-03-2024 2/3 of the Indian Penal Code.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case by the O.P. No. 2. It is also submitted that petitioner no. 2 is daughter of the O.P. No. 2 and petitioner no. 1 is husband of the petitioner no. 2, as such, is son-in-law of the O.P. No. 2. It is next submitted that there is a dispute in the family with regard to the property and the O.P. No. 2 is in habit of executing sale deeds with respect to the land which is being objected by the petitioner no. 2, as such, the present false case came to be instituted with exaggerated allegation. It is further submitted that the O.P. No. 2 concealing his relationship with the petitioner no. 2 instituted the present complaint case which casts an aspersion on the case of the prosecution.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.65707 of 2023(4) dt.12-03-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.R. Case No. 34 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T