Rani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69130 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== 1.

Rani Devi, W/o Dharmendra Kumar 2.

Dharmendra Kumar, S/o Late Wakil Singh Both resident of Village- Sultanpur, P.S & District.- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sarswati Devi, W/O Late Ram Prasad Singh R/O Village- Lodipur, P.S And Distt.- Sheikhpura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners apprehend their arrest in connection with Complaint Case No. 146 C of 2022 registered for the offence punishable under Section 420/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that the present case is based on complaint filed by mother of the petitioner no.1, both the

Patna High Court CR. MISC. No.69130 of 2023(2) dt.01-11-2023 2/3 petitioners have fair and clean antecedent and the complainant admitted in her complaint regarding the execution of alleged sale deed, though she made the allegation that the petitioners got the said sale deed executed by cheating the complainant but the said allegation mainly attracts a civil wrong and moreover, the said allegation is not believable as the alleged deed is stated to be a registered sale deed, in fact the complainant filed the complaint case at the instigation of her second daughter and petitioner no. 2 is the husband of the petitioner no.1 and the trial court has taken cognizance of the offence under Section 420 /34 of the Indian Penal Code against the petitioners and no cognizance of other alleged offences has been taken.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and the nature of allegation appearing against the petitioners, in my opinion a lenient approach can be taken in respect of the petitioners' prayer. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No. 146 C of 2022 on furnishing bail bonds of Rs.10,000/-(Ten Thousand)

Patna High Court CR. MISC. No.69130 of 2023(2) dt.01-11-2023 3/3 each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T