Premshila Devi @ Most Premshila Kuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 25123 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Premshila Devi @ Most Premshila Kuwar, Wife of Late Narsingh Prasad. 2.
Abhishek Kumar, Son of Late Narsingh Prasad, Both resident of Village - Bijwani, P.S.- Jitna, Dist.- East Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through video conferencing.
2. It is submitted by the learned counsel for the petitioners that during pendency of the instant application preferred under Section 438 of the Code of Criminal Procedure in connection with Ghorasahan (Jitna) P.S. Case No.49 of 2019 registered for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, the petitioner no.2, Abhishek Kumar has been arrested by the police.
3. In that view of the matter, the instant application for grant of pre-arrest bail on behalf of the petitioner no.2
2/3 Abhishek Kumar is disposed of as infructuous.
4. As far as the case of petitioner no.1 is concerned, since the prosecution case is predominantly of civil nature and it has been submitted by the learned counsel for the petitioner that the informant has not submitted any chit of paper in support of his claim that the petitioner had entered into agreement for sale of land, she is directed to be released on bail, in the event of her arrest or surrender, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikarahna at Dhaka, East Champaran in connection with Ghorasahan (Jitna) P.S. Case No.49 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
5. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr.
Secretary.
3/3 (ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let steps be taken by the Sr. Secretary/registry for uploading of the present order without compromising with the norms of social distancing.
sanjeet/- (Ashwani Kumar Singh, J.) U T