Mani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81369 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== MANI DEVI Wife of Late Krishna Mohan Bhagat Resident of Village - Gamhariya, P.S.- Gamhariya, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv For the Opposite Party/s :

Mrs.Anita Kumari Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 149,420,465,467,471,504,506,120(B)of the Indian Penal Code. Mother of the complainant and full brother of the complainant i.e. late husband of this petitioner executed a sale deed in favour of the petitioner. Case and claim of the complainant is that the property was ancestral property and the vendors had no right to transfer property of the complainant to anyone. Forgery has been committed just to cheat the complainant. Only one plot having area of 05 decimals has been transferred in favour of petitioner through registered sale deed

Patna High Court CR. MISC. No.81369 of 2019(2) dt.18-12-2019 2/2 which is detailed in the bottom of complaint petition. Only the civil court would be competent to decide whether the said property was self-acquired property of any of the vendor or was a joint family property.

Learned counsel for the informant opposed the prayer for bail.

Let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gamhariya P.S.Case No.155 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T