Lalmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72312 of 2023 Arising Out of PS. Case No.-1373 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== LALMANI DEVI Wife of Ramuday Sharma R/o vill - Jalalpur, P.S. - Tekari, Distt. - Gaya at present R/o Vill - Khaira, P.S. - Tekari, Dist. - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Madhuri Devi Wife of Anis Kumar R/o vill - Supta, P.S. - Tekari, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Adv For the Opposite Party/s :

Mr. Y.C. Verma, Sr. Adv Mr. Ashok Kumar, Adv Mr. Bibhuti Narayan, Adv For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code.

3. The prosecution case is that, the petitioner and coaccused has sold a piece of land in fraudulent manner which was purchased by the complainant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.72312 of 2023(2) dt.29-11-2023 2/2 nature. He submits that there is a civil dispute between the parties. He further submits that some order has been passed by the Civil Authority in favour of the petitioner. Petitioner has no criminal antecedent.

5. Learned Senior Counsel for the complainant as well as learned APP for the State opposed the prayer for anticipatory bail by submitting that the land in question does not belongs to the petitioner and yet sold the same to another person.

6. Having regard to the facts and circumstances of the case as well as considering that there is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Complaint Case No.1373 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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