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Patna High CourtCR. MISC./69033/2022allowed

Manju Sharma v. The State Of Bihar

2023-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69033 of 2022 Arising Out of PS. Case No.-136 Year-2014 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.

MANJU SHARMA W/o Arun Sharma @ Arun Kumar Sharma R/o VillgeKarimabad @ Magardahi, P.S.- Samastipur (Muffasil), Distt- Samastipur. 2.

Arun Sharma @ Arun Kumar Sharma S/o Nand Kishor Sharma @ Nand Kishor Thakur R/o Villge- Karimabad @ Magardahi, P.S.- Samastipur (Muffasil), Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 465, 467, 120B, 504 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners and complainant are agnates and next-door neighbours. There is an admitted land dispute between the parties and title suit bearing title suit no.22

Patna High Court CR. MISC. No.69033 of 2022(2) dt.24-01-2023 2/2 of 20096 and title suit no.09 of 2014 is pending between them. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a civil nature of dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Samastipur (Town) P.S. Case No.136 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T