Patna High Court - Orders
Manti Devi vs The State Of Bihar on 24 December, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13449 of 2021
Arising Out of PS. Case No.-147 Year-2020 Thana- CHENARI District- Rohtas
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MANTI DEVI Wife of Bhim Paswan Resident of Village- Sadokhar, P.S.-
Chenari, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dr. Shraddhanand Paswan, Advocate
For the Opposite Party/s : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 24-12-2021Heard Mr. Dr. Shraddhanand Paswan, learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in connection with Chenari P.S. Case No. 147 of 2020 dated 01.09.2020 instituted for the offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
The accusation in the FIR against her and other associates is of having made attempts at usurping the land belonging to the petitioner under the pretext of the land having been transferred to her and her family members by way of Basgit Parcha.
Learned counsel for the petitioner has submitted that the land in question came in possession Patna High Court CR. MISC. No.13449 of 2021(2) dt.24-12-2021 2/2 of her father-in-law and after his death, it was distributed amongst his sons, the petitioner being the wife of one of them.
The learned counsel for the petitioner has submitted that there is nothing on record to indicate that the Basgit Parcha is a forged document. It has also been submitted that the dispute, therefore, is of civil nature and merely to silence the petitioner and her other associates, the subject FIR has been registered.
Regard being had to the afore-noted arguments and taking into account her gender, the petitioner is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram at Rohtas in connection with Chenari P.S. Case No. 147 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/-
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