Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72360 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- NATWAR District- Rohtas ====================================================== Kanchan Devi W/o Bharat Sah R/o Village- Khairahi, PS- Natwar, DistRohtas, At present R/o vill and P.S. and P.S. - Nokha, Dist.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Devi W/o Chunmun Ram R/o vill - Khairahi, P.O. - Karahansi, P.s - Natwar (Semra O.P.), Distt. - Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Babu Nandan Prasad, Advocate For the State :
Mr. Mohammed Arif, APP For the O.P. No.2 : Mr. Nagendra Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code.
3. The allegation against the petitioner is that she in association of other co-accused has taken Rs.4,50,000/- from the informant on point of Cajole and entices for purchased the land of Lakhan Lal Mishra and in the Registry Office and presented the other person in place of original land owner Lakhan Lal Mishra.
Patna High Court CR. MISC. No.72360 of 2024(2) dt.24-10-2024 2/3
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case due to personal grudge as she is the wife of co-accused, Bharat Sah. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the petitioner is the wife of coaccused, Bharat Sah, who has identified the seller and also put his signature on the sale deed being a witness. It is further submitted that more over the dispute is purely civil in nature for which criminal prosecution has been launched. The coaccused Bharat Sah has already been granted bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No.71028 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the opposite party no.2 opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the dispute is purely civil in nature, let the above named petitioner, be released on bail, in the event of 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
Patna High Court CR. MISC. No.72360 of 2024(2) dt.24-10-2024 3/3 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Natwar P.S. Case No. 70 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U