← Library
Patna High CourtCR. MISC./40292/2015disposed

Awadhesh Singh And ORS v. The State Of Bihar

2015-10-07Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40292 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -TIKAPATTI District- PURNIA ======================================================

1. Awadhesh Singh Son of Bhagwan Singh

2. Rita Devi Wife of Jawahar Singh . Both Resident of village - Baliya, P.S. Mohanpur ( Rupouli ), District - Purnea

3. Miriya Devi Wife of Ramchandra Mandal resident of village - Sapha, P.S. Tikapatti, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 406/420 of the Indian Penal Code in which later on sections 467, 468, 471/120B were added under order dated 17.11.2014. It is submitted on behalf of the petitioners that from very perusal of the undated written report would indicate that these petitioners have been falsely implicated as the occurrence is said to have taken place on 16.10.2013, but the First Information Report was registered on 20.07.2014, as such, they may be admitted to the privilege of bail in the event of arrest.

Patna High Court Cr.Misc. No.40292 of 2015 (2) dt.07-10-2015 2/2 I regret not to accept such submission in view of the allegations levelled in the written report, as I am satisfied that delay was caused in lodging the First Information Report as informant in the meanwhile was requesting the petitioners and others to return back the amount. However, considering the fact that petitioner nos. 2 and 3, namely, Rita Devi and Miriya Devi are ladies, they are directed to surrender in the court below within four weeks from the date of receipt/ production of a copy of this order in the court below and thereafter be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of Sri Prashant Kumar, Judicial Magistrate 1st Class, Purnea in connection with Tikapatti P.S. Case No. 88 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

Petitioner no.1, Awadhesh Singh Should also surrender within the same time and apply for regular bail, which should be considered in accordance with law.

(V.N. Sinha, J.) Arjun/- U T