Poonam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2270 of 2024 Arising Out of PS. Case No.-808 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Poonam Kumari Wife of Late Hariballabh Prasad Singh Resident of Badalpura, P.S.- Mathihani, District - Begusarai. 2.

Neeraj Kumar Son of Govind Chaudhary Resident of Rannuchak, P.S.- Nathnagar, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar , Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 467, 468 and 34 of the Indian Penal Code .

3. As per the FIR, these petitioners, along with other co-accused persons, prepared a forged sale deed of the land of an area of 3 Katha, 14 Dhur, and 10 Dhurki and executed it in favour of the informant.

4. It is submitted on behalf of the petitioners that petitioner No. 1 has not sold any part of her

Patna High Court CR. MISC. No.2270 of 2024(3) dt.07-03-2024 2/3 ancestral land, rather the alleged land in question was purchased land by the late husband of petitioner No. 1 , namely , Hariballabh Pd. Singh from on Ramkhelawean Singh on 25.10.1980 and after the death of her husband, petitioner No. 1 came in peaceful possession of the land in question . It is also apparent from the plain reading of the F.I.R., and the materials available on record, that the present case is purely a dispute of civil in nature and as such , no case under sections 467, 468 , 420 and 34 of the IPC is made out against these petitioners. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in

Patna High Court CR. MISC. No.2270 of 2024(3) dt.07-03-2024 3/3 connection with Begusarai town P.S. Case No. 808 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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