Anita Devi vs The State Of Bihar on 26 July, 2022

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Patna High Court - Orders

Anita Devi vs The State Of Bihar on 26 July, 2022

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.778 of 2022
                  Arising Out of PS. Case No.-542 Year-2018 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Anita Devi Wife Of Wakil Rai Resident Of Village- Paiga Mitrasen, P.S.-
                  Amnour, District- Saran.
           2.    Prabhu Rai Son of Late Shankar Rai Resident of Village- Tainua, P.S.-
                 Chapra Muffasil, District- Saran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nalin Kumar
                 For the Opposite Party/s :      Mr.Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

3   26-07-2022

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 420, 467, 471, 506, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that one Ram Jajam Rai, father of co-accused Shyam Narayan Yadav had sold his land through registered sale deed to the mother of the informant namely Lagmani Devi on 30.12.1996 and since then the informant has been Patna High Court CR. MISC. No.778 of 2022(3) dt.26-07-2022 2/3 coming on peaceful possession over the same. The said co-accused Shyam Narayan Yadav in collusion with other accused persons, in furtherance of their common intention has sold the said land to the petitioner No. 1 Anita Devi through registered sale deed on which petitioner No. 2 is identifier.

It is submitted by learned counsel for the petitioners that petitioner No. 1 is purchaser of the land in question, hence, if the version of the informant is true, petitioner No. 1 herself is a victim of cheating and fraud played against her. Petitioner No. 2 is only the identifier of the sale deed. The thrust of accusation is against co-accused Shyam Narayan Yadav. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail Patna High Court CR. MISC. No.778 of 2022(3) dt.26-07-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 9th, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 542 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/-

U      T

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Patna High Court - Orders