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Patna High CourtCR. MISC./85292/2019bail granted

Sobha Devi v. The State Of Bihar

2020-08-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85292 of 2019 Arising Out of PS. Case No.-1860 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Sobha Devi, aged about 39 years, Female, Wife of Shailendra Sahni, Resident of Ward No. 3, Koria, Koriya, P.S.- Muffasil, District- Begusarai. 2.

Shailendra Sahni, aged about 46 years, Male, Son of Krishna Sahni, Resident of Ward No. 3, Koria, Koriya, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Lalo Kumar, aged about 26 years, Male, Son of Late Upendra Sahni, Resident of - Koriya, P.S.- Muffasil, District - Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2020 Heard Mr. S.K. Lal, the learned counsel appearing on behalf of the petitioners and Mr. Prem Kumar Jha, the learned Additional P.P.

The petitioners apprehend their arrest in Complaint Case No.1860 C of 2017, registered under Sections 323, 420, 467 and 468 of the Indian Penal Code.

The complainant, Lalo Kumar, opposite party no.2, alleged that the land was recorded in the name of Ravi Godhi and the complainant is the descendant of Ravi Godhi but Urmila Devi and Ramchandra Sahni, her brother-in-law who do not fall in the heredity of Ravi Godhi sold the land in favour of Sobha Devi, petitioner no.1. Petitioner No.2, Shailendra Sahni is the husband of petitioner no.1. The petitioners have not committed any forgery to

Patna High Court CR. MISC. No.85292 of 2019(3) dt.28-08-2020 2/2 any records nor cheated anybody. The petitioners are bona fide purchasers from Urmila Devi and Ramchandra Sahni, her brotherin-law. Urmila Devi and her sons and Pankaj Sahni, son of Ramchandra Sahni have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.11.2019, passed in Cr. Misc. No.68730 of 2019.

Taking into consideration the facts that the petitioners are bona fide purchasers and the allegation of making interpolation in the record of rights is made against Urmila Devi and Urmila Devi, her sons and son of Ramchandra Sahni have already been granted anticipatory bail, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 Sub-Judge-VI-cum-Additional Chief Judicial MagistrateIV, Begusarai in connection with Complaint Case No.1860 C of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T