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Patna High CourtCR. MISC./31048/2024bail granted

Sudha Devi v. The State Of Bihar

2024-05-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31048 of 2024 Arising Out of PS. Case No.-316 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Sudha Devi wife of Pappu Yadav Village-Lakhnaur Tole-Belhi Police StationLakhnaur District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumar Rahul son of Shri Mahesh Prasad Yadav Village- Lakhnaur tole Belhi Ps- Lakhnaur Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP Ms. Madhubala Verma, Adv.

Ms. Nimisha Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard the parties.

2. The petitioner apprehends her arrest in connection with Complaint Case bearing C.R. No. 316 of 2020 registered under Sections 417, 420 and 120(B) of the Indian Penal Code.

3. It is alleged that petitioner with the help of other accused persons under conspiracy sold the land of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that complainant/opposite party no. 2 and the husband of petitioner

Patna High Court CR. MISC. No.31048 of 2024(2) dt.20-05-2024 2/2 are full brothers and there is partition suit bearing Partition Suit No. 76 of 2018 is going on between them since 2018. It is next submitted that the present complaint case has been filed after a delay of one month without any plausible explanation. The dispute between the parties is purely civil in nature.

5. Learned counsel for the informant opposes the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Complaint Case bearing C.R. No. 316 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T