Partly allowed

Most. Phula Devi @ Most. Phula Kunwar and Anr. v. State Of Bihar and Anr.

Patna HC22 May 2018CR. MISC./32099/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought anticipatory bail for two petitioners in an IPC case alleging double sale of land. The single-judge bench denied anticipatory bail to the complainant's first husband's widow due to specific accusations but directed to grant anticipatory bail to the petitioner's daughter as there was no specific accusation against her.

What did the court decide?

Prayer for anticipatory bail rejected for Most. Phula Devi; directed to be released on anticipatory bail for Rekha Kumari within 4 weeks on furnishing bond of Rs. 10,000/- with two sureties.

Most. Phula Devi @ Most. Phula Kunwar and Anr. Vs State… — Cheating and Forgery | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.32099 of 2018

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Arising Out of PS.Case No. -787 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA

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====================================================== 1. Most. Phula Devi @ Most. Phula Kunwar, wife of Late Bhagrit Chaudhary, D/o Dhanukdhari Singh

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Rekha Kumari, d/o Late Bhagrit Chaudhary, both resident of Mohanpur Pareo, PS Bihta, District Patna

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.... .... Petitioner/s

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Versus

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State of Bihar & Anr

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.... .... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Atul Chandra

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER

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2 22-05-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.

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Petitioners apprehend arrest in Complaint Case No. 787(C) of 2014, registered under Sections 420, 465, 467, 468, 471 and 120B of the IPC.

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The allegation in brief is that the complainant purchased a land by registered sale deed from petitioner No. 1 but subsequently she sold same piece of land to another person Manju Devi.

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Learned Counsel for the petitioner submits that petitioner No. 1 is a widow and illiterate lady, she has not executed second sale deed, however the3re is no accusation against petitioner No. 2 who happens to be daughter of petitioner No. 1.

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Whereas learned Counsel for the State submits that it is very categorical accusation that petitioner No. 1 after selling the land to the complainant executed sale deed with respect to the same land to another person, however there is no specific accusation against petitioner No. 2.

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Having considered the specific accusation against petitioner No. 1 the prayer for anticipatory bail on her behalf is

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Patna High Court Cr.Misc. No.32099 of 2018 (2) dt.22-05-2018

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rejected.

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Whereas as there is no specific accusation against petitioner No. 2 so the petitioner No. 2 namely Rekha Kumari is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM I Danapur in connection with Complaint Case No. 787(C) of 2014.

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(Arun Kumar, J)

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Snkumar/-

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U T

Most. Phula Devi @ Most. Phula Kunwar and Anr. v. State Of Bihar and Anr.

Case brief

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Most. Phula Devi @ Most. Phula Kunwar and Anr. v. State Of Bihar and Anr.

Case brief

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