Most. Kamlawati And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5513 of 2018 Arising Out of PS.Case No. -3282 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Most. Kamlawati, wife of Late Sudama Manjhi,

2. Most. Janaki, wife of Late Chhutan (Sister of Late Sudama Manjhi), Both Resident of Village- Basdila, P.S. & District- Gopalganj. .... .... Petitioners

Versus

1. The State of Bihar.

2. Satabun Nesha wife of Kaladeo Nat, Resident of Village- Yadopur Shukul, P.S.- Yadopur, District- Gopalganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Advocate For the Opposite Party/s : Mr. Kumar Uday Pratap, APP For the Complainant : Mr. Anirudh Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-02-2018 Heard learned counsel for the petitioners and learned counsel for the complainant-opposite party no.2. The petitioners seek pre-arrest bail in connection with Complaint Case No. 3282 of 2015 (Trial No.785 of 2017) in which cognizance has been taken for the offence punishable registered under Sections 406, 420 and 468 read with 34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.5513 of 2018 (2) dt.02-02-2018 It is submitted by the learned counsel for the petitioners that actually the petitioners are also victims of the misdeed as devised and committed by co-accused Aditya Kumar Singh. They are widowed and old lady. Believing the co-accused Aditya Kumar Singh, the petitioners went to registration office and executed the deed of exchange in favour of the complainant Satabun Nesha on 26.09.2012. The complainant also exchanged a deed of exchange in favour of petitioners and, thus, the land of petitioners having Plot No. 832, Area 7 Katha 5 Dhurs was exchanged with Plot No.1117/227 having area 5 Katha 16 Dhurs.

On the other hand, learned counsel for the complainant submitted that the petitioners also conspired together in cheating the complainant and they are not entitled to be granted pre-arrest bail Having heard the parties, considering the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released 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 the learned Additional Chief Judicial

Patna High Court Cr.Misc. No.5513 of 2018 (2) dt.02-02-2018 Magistrate-XVI, Gopalganj in connection with Complaint Case No. 3282 of 2015 (Trial No.785 of 2017) subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T