Runa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78597 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Runa Devi W/O Phucho Mahto @ Fucho Mahto Resident of VillageHaripur, P.S- Alauli, District- Khagaria. 2.

Phucho Mahto @ Fucho Mahto S/O Late Siya Mahto Resident of VillageHaripur, P.S- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ram Narayan Mahto S/O Lakhan Mahto R/O Sorkahi Ward No.-5, P.SAlauli, Distt.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners, complainant and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case no. 314C/2024 .instituted for the offence under Sections 420 and 468 of the Indian Penal Code.

3. The case of the complainant is that his father purchased 1 Katha, 6 dhoor lan, bearing Mauza Sahsi, Tauzi No. 1358, Khata No. 259 from the father of petitioner no. 2 Phucho Mahato @ Fucho Mahto. It is further alleged that accused

Patna High Court CR. MISC. No.78597 of 2024(2) dt.29-11-2024 2/3 persons have wrongly transferred the same land to Runa Devi After making Kewala, accused persons are continuously trying to evict the complainant/informant.

4. At the outset, it has been stated by the complainant that due to mistake, Khata No. 269 was entered in place of Khata No. 259.

5. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case due to land dispute. From the perusal of the complaint, it is clear that in the earlier deed i.e. 1986, Khata No. was wrongly entered as 269 in place of Khata No. 259 and that was never rectified. In such fact and circumstances, it cannot be said that the same land was again transferred. So the main allegation in the complaint petition stands falsified.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case no. 314C/2024, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.78597 of 2024(2) dt.29-11-2024 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Second Class, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T