Shakuntala Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28780 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shakuntala Devi, W/o late Barundhwaj Singh

2. Brahneshdhwaj Singh S/o Late Krishnadhwaj Singh Both R/o Nawgawa, P.S. - Ramnagar, District - East Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

2. Kush Kumar Sharma S/o Sri Ramchandra Sharma R/o Uhmi Compound, Ramnagar P.S. Ramnagar, District - West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Complaint Case No. (C) 57 of 2017, registered for the offence punishable under Sections 420, 467, 468, 471, 386 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that it is a case of purchase of land from petitioner no.1. The boundary and area of land which has been purchased by opposite party no.2 from the petitioner no.1 is quite different and distinct then that of the petitioner. It is completely wrong apprehension in the

Patna High Court Cr.Misc. No.28780 of 2017 (2) dt.13-07-2017 2/2 mind of the opposite party no.2 that the petitioner has sold the same land or part of the land, which the opposite party no.2 had purchased from petitioner no.1.

In view of the statement made by learned counsel for the petitioner, let the above-named petitioners, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. 1st, Bagaha, West Champaran, in connection with Complaint Case No. (C) 57 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The Circle Officer is directed to hold inquiry, if it is found that opposite party no.2 has purchased the same land from the petitioner no.1, in that circumstance, the privilege of bail will be treated to have been withdrawn.

(Shivaji Pandey, J) pawan/- U T