Allowed

Mostt. Shama Devi @ Shyama Devi v. The State of Bihar

Patna HC9 Nov 2023CR. MISC./44610/2023

Case brief

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What is this about?

The Patna High Court decided an anticipatory bail application filed by three petitioners in connection with Trial No.1188 of 2022 arising from Complaint Case No.160 of 2019. The petitioners alleged false implication in offences punishable under Sections 341, 323, 420 and 465 IPC. The court allowed the prayer subject to conditions.

What did the court decide?

Anticipatory bail granted on surrender within six weeks, furnishing bail bond of Rs. 20,000 each with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Mostt. Shama Devi @ Shyama Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44610 of 2023

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Arising Out of PS. Case No.-160 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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

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Mostt. Shama Devi @ Shyama Devi Wife Of Late Shambhu Sah Resident Of Village-Dilawarpur Tola Narayanpur, P.S.-Kesariya, District-East Champaran

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Kailash Pati Devi Wife Of Ramrit Sah Resident Of Village-Dilawarpur Tola Narayanpur, P.S.-Kesaria, District-East Champaran

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Lakshman Sah Son Of Late Bhukha Sah Resident Of Village-Dilawarpur Tola Narayanpur, P.S.-Kesaria, District-East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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LALBABU SAH Son of Late Raja Sah Resident of village-Dilawarpur Tola Narayanpur, P.S.-Kesaria, District-East Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 09-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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3. The petitioners are apprehending their arrest in connection with Trial No. 1188 of 2022 arising out of Complaint Case No. 160 of 2019 dated 23.01.2019 registered for the offences punishable under Sections 341, 323, 420 and 465of the

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Patna High Court CR. MISC. No.44610 of 2023(4) dt.09-11-2023 2/3

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Indian Penal Code.

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4. As per the prosecution case, the petitioners and the co-accused persons under conspiracy sold the share of land of the complainant to the petitioner Kailash Pati Devi. The petitioner Mostt. Shama Devi has only 5.75 dhurr land in Khata 126 Kheshra 4545, but she fraudulently sold 11 dhur land. When the complainant raised objection, the accused persons abused and assaulted the complainant and tried to kill the complainant by strangulating him.

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5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submitted that the father of the complainant, namely, Raja Sah sold the said land to one Shambhu Sah who is husband of petitioner No. 1 and after death of Shambhu Sah, the land was sold to the petitioner No. 2 Kailash Pati Devi and the petitioner No. 3 is the witness in the alleged sale deed. It is further submitted that the petitioner No. 1 Mostt. Shama Devi had sold her share of land. It is further submitted that the present case relates to civil dispute and no suit has been brought in existence for setting aside the alleged fraudulent sale deed.

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Patna High Court CR. MISC. No.44610 of 2023(4) dt.09-11-2023 3/3

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6. Learned A.P.P. for the State has vehemently

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opposed the prayer of anticipatory bail of the petitioners.

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7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Trial No. 1188 of 2022 arising out of Complaint Case No. 160 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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8. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Mostt. Shama Devi @ Shyama Devi v. The State of Bihar

Case brief

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Mostt. Shama Devi @ Shyama Devi v. The State of Bihar

Case brief

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