Lakshmi Devi @ Laxmi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54629 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================

1. Lakshmi Devi @ Laxmi Devi, w/o Dhaudhay Singh @ Dhodai Singh,

2. Dhaudhay Singh @ Dhodai Singh, son of Braharndeo Mandal,

3. Narayan Pandit, son of lat Mahadeo Pandit, all resident of villagePuraini Narkatiya Tola, P.S.-Puraini, District- Madhepura,

4. Md. Kalimuddin, son of Md. Rafique Uddin, resident of village Rahta, P.S.-Udakishunganj, District- Madhepura, &

5. Upendra Singh, son of late Siddhu Singh, resident of village-Kusaha, P.S.-Bhavanipur, District-Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 14-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Puraini P.S. Case No.95 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471 Indian Penal Code.

It has been submitted that Informant is father-in-law of Petitioner No.1 and father of Petitioner No.2. The Informant owned about 9 acre land and the alleged land has fallen in the share of his younger son (Dhaudhay Singh @ Dhodai Singh) and he has sold his share with consent of the Informant to co-accused, Upendra Singh, by sale deed dated 01.10.2002. One of the

Patna High Court Cr.Misc. No.54629 of 2017 (2) dt.14-11-2017 2/3 witnesses of the alleged sale deed is Informant (Annexure-2). It has further been submitted that same very land has been purchased by the Petitioner No.1 from Petitioner no.5 in 2013. As such, nature of dispute is completely civil dispute.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Puraini P.S. Case No.95 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.54629 of 2017 (2) dt.14-11-2017 3/3 cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T