Umrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68735 of 2024 Arising Out of PS. Case No.-1419 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Umrawati Devi W/o Birendra Mishra R/o Village- Berai, P.S.- Imadpur, District- Bhojpur 2.

Birendra Mishra Son of Late Indradeo Mishra R/o Village- Berai, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shankar Prasad Mishra S/o Late Indradeo Mishra R/o vill - Beari, P.S. - Imadpur, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 406, 417, 465 of the Indian Penal Code.

3. As per allegation, petitioner No. 2 (Birendra Mishra) has sold the land of the complainant, without his knowledge, to petitioner No. 1 (Umrawati Devi) and other

Patna High Court CR. MISC. No.68735 of 2024(4) dt.02-04-2025 2/3 co-accused persons.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village politics. There is inordinate delay in lodging the FIR and this case is purely of civil dispute in nature. It is further submitted that both parties belong to same family. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case no. 1419(C) of 2023, they will be

Patna High Court CR. MISC. No.68735 of 2024(4) dt.02-04-2025 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arrah, Bhojpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T