Patna High CourtCR. MISC./31358/2013bail granted

Bimla Rukhiayar v. The State Of Bihar

2015-04-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31358 of 2013 Arising Out of PS.Case No. -495 Year- 2010 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bimla Rukhiayar, Wife Of Late Madan Mohan Prasad Verma, Resident Of Village- Lohanda Paragana -Sikandra Distt- Munger. Present Address Bimla Tower Flat No 34-A Hanuman Nagar, New Punaichak P.S. Shastrinagar, Patna.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Durga Nath Mishra S/o Late K. K. Mishra, Arya Panna Apartment, Road No.-2, Patel Nagar, P.S. Shastri Nagar, District-Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Binita Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioner figured as accused in Complaint Case No.495(C) of 2010 in which cognizance for the offences punishable under Sections 406, 506 and 120B of the Indian Penal Code has been taken. Apprehending her arrest, the petitioner filed ABP No.746 of 2013 before the Sessions Judge, Patna. The same was rejected on 14.06.2013. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The dispute between the petitioner, on the one hand, and the complainant, on the other hand, appears to be in

Patna High Court Cr.Misc. No.31358 of 2013 (3) dt.09-04-2015 2/2 relation to the development of the land of the petitioner. The petitioner is an old woman of about 77 years of age. It is not necessary that the arrest of such person be made in a case of this nature.

Therefore, the application is allowed. In the event of arrest, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No.495(C) of 2010.

(L. Narasimha Reddy, CJ) Sunil/- U T