Priti Devi @ Smt. Pritee Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5396 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -SAHAJITPUR District- SARAN ======================================================

1. Priti Devi @ Smt. Pritee Devi, Wife of Biru Singh,

2. Yogendra Singh, Son of Late Chandrika Singh, both residents of VillageManopali, P.S.- Sahajitpur, District- Saran. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Branch Manager State Bank of India, Sahajitpur Branch, Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Adv. For the Opposite Party/s : Mr. Kaushlendra Kumar Sinha, Adv. Mr. Sunil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned counsel, appearing on behalf of the Bank.

This application for grant of anticipatory bail arises out of Sahajitpur P.S. Case No. 72/2015, disclosing offences under sections 420, 467, 467, 471, 472 of the Indian penal Code. Allegation against the petitioners is that they used forged land possession certificate for advancement of loan in their favour by the State Bank of India.

Learned counsel for the petitioner submits that the petitioners have cleared the entire loan so advanced by the Bank and in support of this submission he has placed reliance on the

Patna High Court Cr.Misc. No.5396 of 2016 (2) dt.09-03-2016 copies of 'No Objection Certificate', said to have been issued by the Bank on 14.8.2015 and 29.9.2015 respectively. Considering the circumstance that the accusation is based mainly on the documents and there is no chance of tampering with the evidence or the petitioners fleeing from the course of justice, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Sahajitpur P.S.Case No. 72/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U