Munni Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14543 of 2016 Arising Out of PS.Case No. -2330 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================
1. Munni Devi Wife of Umesh Yadav,
2. Umesh Yadav, Son of Ram Chandra Yadav
3. Ramchandra Yadav Son of Late Somar Yadav, All resident of VillageSalempur, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kush Kumar Pandey Son of Late Suraj Prakash Pandey @ Suraj Prakash Sharma, resident of Mohalla- Gulabnagar, P.S.- Premnagar, District- Bareli (U.P.) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 2330 of 2013, for the offences under Sections 147, 341, 379, 420, 467, 504 of the Indian Penal Code.
Warrant of arrest is said to have been issued in Complaint Case No. 2330 of 2013 and, therefore, the petitioners apprehend their arrest and seek anticipatory bail in the present application.
Allegedly, a sale deed was executed by a
Patna High Court Cr.Misc. No.14543 of 2016 (2) dt.21-04-2016 2/3 fictitious person with respect to the land which belongs to the complainant in favour of Munni Devi, petitioner no. 1. The petitioner no. 2 is the husband of petitioner no. 1 and petitioner no. 3 is the father-in-law of petitioner no. 1. Learned Counsel for the petitioners appears to be right in his submission that the said dispute, civil in nature, is the reason behind institution of the present complaint case.
Considering the nature of accusation, this application is allowed.
Let the petitioners, namely, Munni Devi, Umesh Yadav and Ramchandra Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Santosh Kumar Dubey, learned Judicial Magistrate, 1st Class, Gaya, in connection with Complaint Case No. 2330 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
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
Patna High Court Cr.Misc. No.14543 of 2016 (2) dt.21-04-2016 3/3 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √