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2025 DAILYLAW 59386 (PAT)

Kalawati Devi @ Kalawati Dev v. The State of Bihar

CR. MISC./52437/2024 · 2025-02-15

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52437 of 2024 Arising Out of PS. Case No.-368 Year-2022 Thana- BHORE District- Gopalganj ====================================================== 1. Kalawati Devi @ Kalawati Dev Wife of Bhola Chaudhary R/o Village- Ramnagar, P.S.- Bhorey, District- Gopalganj 2. Chandrawati Devi Wife of Binod Chaudhary @ Vinod Yadav R/o Village- Ramnagar, P.S.- Bhorey, District- Gopalganj 3. Laxmina Devi Wife of Munna Gond R/o Village- Ramnagar, P.S.- Bhorey, District- Gopalganj 4. Pinki Devi Wife of Ram Pravesh Gond R/o Village- Ramnagar, P.S.- Bhorey, District- Gopalganj 5. Manager Gond @ Manager Sah Son of Late Chhathu Sah R/o Village- Ramnagar, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s Versus 1. The State of Bihar 2. bhoop narayan das, aged about 50 years, chela -late Bhagwati Dasji R/O vill-Ramjanki murti math ramnagar ps-Bhorey dist-Gopalganj ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 15-02-2025 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending his arrest in connection with Bhorey P.S. Case No. 368 of 2022 for the offence under Sections 341, 323, 384, 329, 420, 406, 467, 468, 471 and section 298(A)(B) of the I.P.C. and section 27 of the Arms Act. 3. As per the prosecution story, there is allegation that Patna High Court CR. MISC. No.52437 of 2024(5) dt.15-02-2025 2/3 petitioner together with co-accused persons with a view to grab the property of Ramjanki Math of Ramnagar have created a forged and fabricated sale deed from one Shanti Devi wife of Late Ramaashish Ray.. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. The petitioners are the bona fide purchasers of the land in dispute. They purchased the same from one Shanti Devi wife of Late Ramaashish Ray by registered sale deed. The land in dispute is under peaceful possession of the petitioners after their purchase. So, there is no question of forgery in the matter. 5. Learned APP opposes the prayer for anticipatory bail. 6. From perusal of the case diary and arguments made by both the parties, it appears that petitioners are purchasers of the land in question so, this is a case of civil dispute. 7. Keeping in view the aforesaid facts, this Court is inclined to enlarge the petitioners on anticipatory bail. 8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.52437 of 2024(5) dt.15-02-2025 3/3 (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 368 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T