Jichcha Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37809 of 2014 Arising Out of PS.Case No. -239 Year- 2012 Thana -GOGRI District- KHAGARIA ======================================================

1. Jichcha Devi wife of Siyaram Singh @ Siya Singh

2. Niranjan Kumar son of Siyaram Singh @ Siya Singh Resident of village - Chhoti Pasraha, P.S. Pasraha, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Jayaswal, Adv. For the Opposite Party/s : Mr. Ansural Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-03-2015 Heard Mr. Anil Jayaswal, learned counsel for the petitioners and Mr. Ansural Haque, learned Additional Public Prosecution for the State.

The petitioners apprehend their arrest in connection with Gogri (Poura) P.S. Case No.239 of 2012 for the offences punishable under Sections 406 of Indian Penal Code. The allegation against the accused is that they have duped the complainant-informant on the pretext of providing Government job.

Learned counsel for the petitioners with reference to the F.I.R. submits that originally a complaint was filed bearing Complaint Case No. 1320(C) of 2012 which was subsequently registered as a police case under Section 156(3) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.37809 of 2014 (2) dt.27-03-2015 2 / 2 Learned counsel with reference to the allegations present in the complaint submits that apart from the fact that there is a gross delay in institution thereof, there is no single averments made against these two petitioners rather the entire allegation is directed against accused No.1 namely, Dharamvir Kumar who happens to be the son of the petitioner No.1 and the brother of the petitioner No.2. He submits that merely because these two petitioners happen to be the family members that they have also been roped in the present allegations. Having heard learned counsel for the parties and taking note of the submissions of learned counsel, let the petitioners namely,

(1) Jichcha Devi and (2) Niranjan Kumar in the event of their arrest/surrender within four weeks from today, be released on bail upon each of them furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Khagaria in connection with Gogri (Poura) P.S. Case No. 239 of 2012 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) Bibhash/- U