Patna High CourtCR. MISC./15390/2015bail granted

Mina Devi And ORS v. The State Of Bihar

2015-04-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15390 of 2015 Arising Out of PS.Case No. -218 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Mina Devi wife of Anil kumar Choudhary

2. Ritesh Kumar@Nitesh Kumar son of Anil Kumar Choudhary

3. Nilesh Kumar son of Anil Kumar Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

It is alleged that the complainant's brother Anil Kumar Choudhary fraudulently got executed the power of attorney in his favour from the complainant and thereafter transferred the land of the complainant in favour of his wife and children who are the petitioners before this Court.

It is submitted by learned counsel for the petitioners that the transfer of the land was made in the year 2007 whereas the

Patna High Court Cr.Misc. No.15390 of 2015 (2) dt.16-04-2015 2/2 complaint was filed in the year 2014. Moreover, three title suits are pending between the parties with regard to land in question. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the thrust of accusation against Anil Kumar Choudhary, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Darbhanga in connection with Complaint Case No. 218 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T