Srimati Parwan Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58177 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -BHEJA District- MADHUBANI ======================================================
1. Srimati Parwan Devi, wife of Bihari Yadav
2. Kali Kant Yadav, Son of Late Ramdeo Yadav.
3. Bihari Yadav, Son of Sri Bachha Yadav.
4. Ranjit Yadav, Son of Bihari Yadav. All are resident of Village - Mehasa Tola Baluaha, P.S.- Bheja, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bheja P.S. Case No. 02 of 2015 corresponding to G.R. No. 37 of 2015, disclosing offences under Sections 419, 420, 467, 486, 471, 120B, 379, 342, 323 and 386 of the Indian Penal Code. Petitioner no. 1 and the informant are sisters and both of them are daughters of late Shivan Yadav. Allegedly, the said Shivan Yadav had purchased a piece of land and died leaving behind his two daughters and one son, Ganga Prasad Yadav. Ganga Prasad Yadav remained traceless for more than 15 years
ago. On the allegation that petitioner no. 1 got transferred in her name, the share of land which belonged to the informant, the informant filed a complaint petition giving rise to C.R. Case No. 961 of 2014 in the Court of Chief Judicial Magistrate, Madhubani. The present First Information Report has been registered on reference under Section 156(3) of the Code of Criminal Procedure. Learned counsel appearing on behalf of the petitioners submits that in view of the nature of accusation, there is no chance that the petitioner would be tampering with the evidence or influencing the witnesses, if they are granted the privilege of anticipatory bail. I find substance in the aforesaid submissions. Accordingly, this application is allowed.
Let the petitioner above-named, in the event of his arrest/surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Debesh Kumar, learned Judicial Magistrate, 1st Class, Jhanjharpur, District Madhubani in connection with Bheja P.S. Case No. 02 of 2015, corresponding to G.R. No. 37 of 2015, subject to the conditions as laid down under Section 438 of the Cr.P.C.
This is subject to the condition that the petitioners shall
present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U