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Patna High CourtCR. MISC./6529/2019bail granted

Pushpa Devi And ANR v. The State Of Bihar

2019-04-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6529 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- THAWE District- Gopalganj ====================================================== 1.

PUSHPA DEVI, W/o Santosh Prasad, Resident of Village- Gopalmath, P.S.- Thawe, District- Gopalganj.

2.

Santosh Prasad, son of Shyam Sundar Prasad, Resident of VillageGopalmath, P.S.- Thawe, District- Gopalganj. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Thawe P.S. Case No. 119 of 2018, registered for the offences punishable under Sections 420, 467, 468, 120B and 385 of the Indian Penal Code.

Allegation against the petitioners, who happen to be present Mukhiya and husband of the Mukhiya, is that for several schemes bricks were supplied by the informant and his wife, who were ex-Mukhiya and his wife but payment was not made though petitioners have withdrawn the money.

Submission of learned counsel for the petitioners is that due to election rivalry the present case has been filed and the matter was inquired into by the Programme Officer, who in

Patna High Court CR. MISC. No.6529 of 2019(3) dt.02-04-2019 2/2 his report disclosed that the bricks were purchased from M/s. Mohit Building Materials, Thawe and not from the informant. Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Thawe P.S. Case No. 119 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T