Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56062 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- BUXAR District- Buxar ====================================================== Munni Devi wife of Sri Rajendra Yadav resident of Village- Ariyaon Nata Ka Dera P.S. Krishna Brahm District Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP.
For the Informant :
Mr. Vinay Kumar, Advocate.
===================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 A supplementary affidavit has been filed during the course of argument.
Let it be taken on record.
Heard the learned counsel for the petitioner, informant and the State.
The petitioner seeks bail in anticipation of her arrest in connection with Buxar (Town) P.S. Case No. 01 of 2018 dated 01.01.2018 instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
It has been alleged in the FIR that the informant who is not an educated person was made to give his left thumb impression on a document, ostensibly for the purposes of preparation of Aadhar Card; but later, some land belonging to him and his nephew was
Patna High Court Cr.Misc. No.56062 of 2018(3) dt.10-12-2018 2/3 purchased by using his LTI in an unauthorized manner. Learned counsel for the petitioner has submitted that the aforesaid allegation for which initially a complaint was lodged and which, later, was converted into an FIR, does not appear to be correct because the sale deed in question has been executed in the year 2016 which contains the photographs of the informant as well as of the petitioner. Unless the informant would have been present in the registry office, the sale deed would not have been registered.
Learned counsel for the petitioner has further submitted and has brought to the notice of the Court that the nephew of the informant has also filed a Title Suit vide Case No. 46 of 2018 seeking cancellation of the sale deed by which the land in question has been transferred to the petitioner on the ground that the property had not been partitioned in the family giving any authority to the informant to sell the land held jointly.
Taking into account the fact that the transfer took place in the year 2006 and that petitioner is a lady, this Court is inclined to grant anticipatory bail to her. The petitioner above named is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of three weeks
Patna High Court Cr.Misc. No.56062 of 2018(3) dt.10-12-2018 3/3 from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 01 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T