Ramrati Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12477 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Ramrati Devi, wife of Shri Krishna Murari Prasad

2. Shiv Prasad, son of Late Hari Yadav

3. Uday Prasad, son of Late Sudhan Yadav

4. Krishna Murari Prasad, son of Late Chhotu yadav, all residents of village Jaman Bigha, P.S. Paras Bigha, District Jehanabad .... .... Petitioners

Versus

1. The State of Bihar

2. Sri Jyoti Kumar, son of Sri Rajendra Prasad Sharma, resident of Flat No. 604, R.D. Palace, Water Tanki More, Boaring Road, P.O. Patliputra, P.S. Shrikrishnapuri, District Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Complaint Case No. 237 of 2016 lodged for the offences punishable under Sections 406, 192, 467, 468, 420, 120B/34 and 500 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that only allegation is that petitioners Nos. 1 and 2 got a sale deed executed from the father of complainant and they are witnesses to the same and there is Partition Suit No.115 of 2016 is pending before the court below and in that case petitioners Nos. 1 and 2 have been arrayed as defendants and father of the complainant, who is vendor, has been arrayed as defendant.

Patna High Court Cr.Misc. No.12477 of 2017 (2) dt.27-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the fact that with respect to the same property a partition suit is going on between the parties, as such, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No.

237 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.