Vinita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12193 of 2016 Arising Out of PS. Case No. -157 Year- 2013 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================
1. Vinita Devi wife of Subodh Rai, Resident of Village - Hasanpur Surat, P.S. Shahpur Patori, District - Samastipur.
2. Madan Rai Son of Sukeshwar Rai
3. Tilkeshwar Rai Son of Yogeshwar Rai Both resident of Village - Sultanpur Chhaurahi, P.S. Shahpur Patori, District- Samastipur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Vikramdeo Singh, Mr. Md. Fahimuddin, Advocates For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 406, 420, 467, 468, 471, 423 and 120B of the Indian Penal Code registered in connection with Samastipur (Town) P.S. Case No. 157 of 2013.
3. It is submitted that the petitioners have been falsely implicated which is evident from the fact that the two demand drafts for Rs. 3,00,000/- each were admittedly found to be not forged as a result of which the purchasers of the property in question being the petitioner no. 1 and her husband were not sent up for trial in Samastipur Town P.S. Case No. 39 of 2012 and the
Patna High Court Cr.Misc. No.12193 of 2016 (2) dt.16-03-2016 2/2 final form submitted in the earlier case which had been instituted at the instance of the informant. It is further submitted that the husband of petitioner no. 1 has since been granted bail and so also co accused Jai Shankar Sharan and Ritesh Kumar Choudhary have been granted anticipatory bail.
4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or surrender of the petitioners before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S. Case No. 157 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with additional condition that the petitioner nos. 2 and 3 will be physically present on each and every date and petitioner no. 1 will be well represented on each and every date and if they fails to do so on two consecutive dates, their bail bonds will be liable to be cancelled by the Court concerned. (Vikash Jain, J) B.T/- U T