Vina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80039 of 2024 Arising Out of PS. Case No.-303 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Vina Devi, W/O Rajendra Tiwari R/o Janerwa, Ward No. 07, P.S- Areraj, District- East Champaran.
2.
Amarendra Tiwari, S/O Late Yogendra Tiwari, R/o Janerwa, Ward No. 07, P.S- Areraj, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Tiwary, Advocate Mr. Animesh Gupta, Advocate Mr. Shivam Gupta, Advocate For the State :
Mr. Nand Kishore Prasad, APP For Informant :
Mr. Satish Kumar Sinha, Advocate Ms. Rekha Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-03-2025 Heard Mr. Saket Tiwary, learned counsel for the Petitioners, Mr. Satish Kumar Sinha, learned counsel for the Informant and Mr. Nand Kishore Prasad, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Govindganj (Areraj) P.S. Case No. 303 of 2019 dated 15.09.2019 registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioners are that the petitioner no. 1 is a 57 year old lady and petitioner no. 2 is the nephew of the husband of
2/4 petitioner no. 1 and both have fair and clean antecedent, if we take into account the nature of allegation levelled by the informant who is elder brother of the husband of the petitioner no. 1, it would be appear the instant matter purely relates to a civil wrong and both the petitioners have based their claim over the land in question on the basis of a Sale Deed executed in the year 2012 by Late Most.
Tara Kunwar who was a common relative of both the parties and on the basis of that transfer deed, the mutation was also done in favour of the petitioners, though, the informant who is claiming his title and right over the land in question on the basis of a Gift deed which is said to have been executed in the year 1989 by one Yamuna Tiwari, father of the informant but the said fact was not in the knowledge of the petitioners and after the dispute arisen in between both the parties, the informant of this case filed a Title Suit No.
3/4 the land in question.
4. On the other hand, learned counsel appearing for the informant has vehemently opposed the prayer of the petitioners and submits that both the petitioners are habitual in committing fraud and cheating and the informant has title and right in the land in question since the year 1989 and the same arose in the light of a Gift Deed and since the year 1989, the name of the informant was entered into the Revenue Records as well as Jamabandi etc., though, the informant has withdrawn his Title Suit but in anticipation of the settlement regarding which an assurance was given by the petitioners but thereafter, no settlement has been done till date and after the execution of the Gift Deed in favour of informant by late Yamuna Tiwari, the land in question was also mutated in favour of the informant and all these facts were in the knowledge of the petitioners.
5. Considering the facts and circumstances of this case as well as the nature of allegation and mainly the facts that both the parties are relatives and both are claiming their right and title over the land in question on the basis of registered Gift Deed and Sale Deed and also coupled with the petitioners' fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the
4/4 petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Govindganj (Areraj) P.S. Case No. 303 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Shailendra Singh, J) maynaz/- U T