Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72981 of 2022 Arising Out of PS. Case No.-448 Year-2022 Thana- BUXAR District- Buxar ====================================================== 1.

LALITA DEVI W/O Late Lallan Lal R/O Village- Turha Tola Gurukul Kagri P.S- Buxar Town District- Buxar 2.

Vikash Ranjan S/O Late Lallan Lal R/O Village- Turha Tola Gurukul Kagri P.S- Buxar Town District- Buxar 3.

Sudhir Kumar S/O Late Lallan Lal R/O Village- Turha Tola Gurukul Kagri P.S- Buxar Town District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-02-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Buxar Town P.S. Case No. 448 of 2022 registered under Sections 420, 467, 468, 471, 472 and 120(B) of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that petitioner no. 1 is an old lady having aged about 74 years. Petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.72981 of 2022(2) dt.24-02-2023 2/2 Learned A.P.P. appearing on behalf of the State opposed the prayer of petitioner nos. 2 and 3 by contending that there is direct allegation against the petitioners of having committed fraud and grabbed the ancestral property of the informant with criminal conspiracy. Hence, they do not deserve the privilege of anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer of the petitioner nos. 2 and 3 is rejected.

So far as, petitioner no. 1 is concerned, let the petitioner no. 1, namely, Lalita Devi be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 448 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T