Mina Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10108 of 2015 Arising Out of PS.Case No. -201 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Mina Devi Wife of late Parmanand Tiwari

2. Krishnanand Tiwary, Son of Maheshwar Tiwari Both resident of Bhagwanpur Pakari, P.S. Lalganj, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code. It is alleged that the petitioner no. 1 being the sister-in-law (bhabhi of the informant) filed Mutation Case No. 3532 of 2014 claiming that her father-in-law Maheshwar Tiwary has only three sons namely Achyutanand Tiwari, Parmanand Tiwary and Krishnand Tiwari. Though informant is also the son of Maheshwar Tiwary.

Learned counsel for petitioners admits that the petitioner no. 1 made false statement in the mutation

Patna High Court Cr.Misc. No.10108 of 2015 (2) dt.12-03-2015 proceeding. The said wrong statement was made at the behest of the Lawyer and it was not on the instruction of the petitioners.

Learned counsel for the informant submits that the order passed in mutation case has been challenged in the appeal and the partition suit is also pending between the parties.

Considering the above facts and the statement made in para-3 of the petition that petitioners have no criminal antecedent , let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 201 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T