Allowed

Lalita Devi v. the State of Jharkhand

Jharkhand HC2 Mar 2020A.B.A./431/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners facing alleged offences under the IPC related to purchasing land subject to a pending civil suit. The court imposed conditions for surrender and bail.

What did the court decide?

Grant of privilege of anticipatory bail on surrender within four weeks on furnishing a bail bond of Rs. 25,000 each with two sureties and complying with stipulated conditions.

Lalita Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 431 of 2020

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Lalita Devi

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Sangita Orain @ Sangita Kumari

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Tirthwarti Devi

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Rina Toppo

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Nira Bhagat … Petitioners Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. T.K Mahto, Advocate For the State : Mr. S.K. Burnwal, Addl. P.P. ------

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Order No.04 Dated- 02.03.2020

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Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Latehar P.S. Case No. 36 of 2018 (G.R. No. 181 of 2018) registered under Sections 420, 465, 466, 468, 120B of the Indian Penal Code.

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Learned counsel appearing for the petitioners submits that the allegations against the petitioners is that the petitioner nos.1, 2 and 3 have purchased the land from Shila Orain and Maluwa Oraon and petitioner nos.4 and 5 have purchased the land from Maluwa Oraon which is subject matter of Title Suit No. 04 of 2010 of the court of learned Civil Judge, Sr. Division, Latehar of which land the informant claims to be the real owner. It is further submitted that the sale deeds executed by the petitioners are covered by the doctrine of lis pendens and no offence punishable in law has been made out against either the petitioners and there is no allegation of impersonation of executant of the sale deeds. It is then submitted that the allegations against the petitioners are all false and the executants of their sale deeds were the bonafide owners of the lands sold and dispute between the parties is at best a civil dispute. It is next submitted that the petitioners are ready to co-operate with the

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investigation of the case. It is lastly submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide orders dated 21.11.2019 and 02.12.2019 in A.B.A. No.7841 and 7794 of 2019 respectively. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Latehar in connection with Latehar P.S. Case No. 36 of 2018 (G.R. No. 181 of 2018) subject to the condition that the petitioners will cooperate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Lalita Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Lalita Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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