Patna High CourtCR. MISC./83338/2023bail granted

Saraswati Devi v. The State Of Bihar

2024-03-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83338 of 2023 Arising Out of PS. Case No.-400 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SARASWATI DEVI W/O SRI NOKHE RAM VILLAGE- CHINTAMANI CHACK, PS. MOKAMA, DIST. PATNA.

... ... Petitioner/s

Versus

The State of Bihar 2.

RAJESH KUMAR S/O LATE RAM CHANDRA PRASAD SINGH VILLAGE- CHINTAMANI CHAK, PS. MOKAMA, DIST.PATNA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand , Advocate For the Opposite Party/s :

Mr. Harendra Prasad , APP For the OP 2 :

Mr. Shailesh Anand , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, Opposite party No. 2 and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 , 341 , 367, 471 and 34 of the Indian Penal Code .

3. As per the prosecution case , petitioner is alleged to have committed fraud by getting the land registered and mutated in her name .

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive . There is admitted land dispute between both the parties for which Title Suit No. 108 of 2015 is also pending

Patna High Court CR. MISC. No.83338 of 2023(3) dt.19-03-2024 2/2 between them. Moreover, the dispute is purely of civil nature . Petitioner is lady and claims clean antecedent.

5. Learned counsel for the State as well as Opposite party No. 2 oppose the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate , 1st Class, barh , patna in connection with Complaint Case No. 400(c) of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T