Jaya Devi @ Mos. Jaya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76446 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- KASBA District- Purnia ====================================================== Jaya Devi @ Mos. Jaya Devi, Wife of late Kritya Nand Bishwash Resident of Village- Simariaya, P.S. Kaswa, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Mallick For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Kasba P.S. Case No. 124/2017 registered for the offences punishable under Sections 420, 406, 467, 468 and 471/34 of the Indian Penal Code.
Petitioner is not named in the first information report but in course of investigation it came to light that she is stepsister of F.I.R. named accused Nibha Devi @ Renu Kumari and she had witnessed the execution of sale deed dated 17.9.2015. Learned counsel appearing for the petitioner submits that petitioner is a widow lady aged about 75 years and even if the prosecution story assumed to be true, then also, she is only witnessed the execution of the sale deed and she had never endorsed the title of the aforesaid co-accused Nibha Devi @
Patna High Court Cr.Misc. No.76446 of 2018(2) dt.21-12-2018 2/2 Renu Kumari in respect of the land in question. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of the allegation levelled against the petitioner, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in Kasba P.S. Case No. 124/2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Spd/- U T