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Butiya Devi v. The State of Bihar

Patna HC3 Aug 2022CR. MISC./3866/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding alleged offences under various IPC sections including cheating and forgery, the Court observed the dispute to be largely civil in nature. The Court was inclined to grant bail directing surrender within four weeks upon furnishing a bond of Rs. 10,000 with two sureties subject to Section 438(2) CrPC conditions.

What did the court decide?

Petitioners directed to surrender within four weeks; enlarged on bail upon furnishing bond of Rs. 10,000 and two sureties under conditions of Section 438(2) Cr.P.C.

Butiya Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3866 of 2022

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Arising Out of PS. Case No.-408 Year-2021 Thana- CHAPRA TOWN District- Saran

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

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BUTIYA DEVI W/o Jiut Mahto R/o Village- Purvi Rauja, P.S.- Chapra Town, District- Saran at Chapra (Bihar)

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Jiut Mahto S/o Sri Ranglal Mahto R/o Village- Purvi Rauja, P.S.- Chapra Town, District- Saran at Chapra (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 03-08-2022

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chapra (Town) P.S. Case no. 408 of 2021 instituted for the offence under Sections 341, 323, 420, 467, 468, 471 of the Indian Penal Code.

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As per allegation in the FIR, petitioners after hatching a conspiracy got registered the land in their favour by the father of the informant, who is a mental retarded without paying complete consideration amount.

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Learned counsel appearing on behalf of the petitioners

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Patna High Court CR. MISC. No.3866 of 2022(2) dt.03-08-2022 2/2

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has submitted that petitioners are innocent and have committed no offence. Petitioners have paid entire consideration amount to the father of the informant for the alleged sale deed. The matter is purely civil in nature.

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Learned APP appearing for the State has opposed the prayer of Bail.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chapra (Town) P.S. Case no. 408 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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(Sunil Kumar Panwar, J)

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sushma/-

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Butiya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Butiya Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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