Patna High CourtCR. MISC./706/2016bail granted

Sanjila Devi v. The State Of Bihar

2016-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.706 of 2016 Arising Out of PS.Case No. -417 Year- 2015 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ====================================================== Sanjila Devi, wife of Awadhesh Singh, Resident of village- Raghu Asoi, P.S.- Bhagwanpur, District- Vaishali .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Hajipur Sadar P.S. Case No. 417 of 2015 registered under Sections 420, 467, 471 read with 34 of the Indian Penal Code. It is contended that from perusal of the FIR, it would be evident that no offence under Sections 420, 467 and 471/34 of the Indian Penal Code would be made out against the petitioner and the matter is out and out a civil dispute which has been given colour of a criminal case. It is further contended that in any view of the matter, as the petitioner was a purchaser, in

Patna High Court Cr.Misc. No.706 of 2016 (2) dt.12-01-2016 2 / 2 case the vendor had no valid title, it was the petitioner who has been cheated and not the informant of the case. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 417 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T