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Patna High CourtCR. MISC./28077/2018bail granted

Pawan Devi @ Smt. Pawan Devi And ORS v. State Of Bihar And ANR

2018-05-17Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28077 of 2018 Arising Out of PS.Case No. -160 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Pawan Devi @ Smt. Pawan Devi wife of Sikandra Yadav Resident of Village Bathampur Tola, P.S. Simri Bakhtiarpur, District Saharsa.

2. Smt. Fulia Devi Wife of Pawan Yadav Resident of Village - Balhampur, P.S. Bakhtiyarpur, District Saharsa.

3. Kiran Devi @ Smt. Kiran Devi Wife of Sri Chandra Kishore Yadav Resident of Village - Nahigagh, P.S. Simri, Bakhtiyarpur, District Saharsa.

4. Khushbu Devi Wife of Lalan Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

5. Kumkum Devi Wife of Dilip Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

6. Manorma Devi @ Smt. Manorma Devi Wife of Mantun Yadav Resident of Village Ghanhsam, P.S. Bakhtiyarpur, District Saharsa.

7. Ranju Devi @ Smt Ranju Devi Wife of Ghangsam Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

8. Mithilesh Yadav @ Sri Mithilesh Yadav Son of Late Amin Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

9. Sakina Devi @ Smt. Sakina Devi wife of Ram Bharosh Yadav Resident of Village Ghogsam, P.S. Simri Bakhtiyarpur, District Saharsa.

10. Jibchi Devi @ Smt. Jibechi Devi Wife of Sri Shankar Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

11. Punita Devi @ Smt. Punita Devi Wife of Sri Ramesh Kumar Roshan Resident of Village Ghogsam, P.S. Simri Bakhtiyarpur, District Saharsa.

12. Azad Devi @ Smt. Azad Devi Wife of Dashrath Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

13. Chandeshwari Yadav @ Sri Chandeshwari Yadav Son of Late Rameshwar Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

14. Amerika Devi @ Smt. Amerika Devi Wife of Sri Jitendra Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

15. Boku Yadav @ Indardeo Yadav @ Sri Indradeo Yadav Son of Late Moti Yadav @ Rameshwar Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

16. Amol Devi @ Mosomat Amol Devi Wife of Late Sito Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

17. Ranvir Kumar Yadav Son of Sri Upendra Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

18. Umesh Yadav Son of Late Janardan Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

19. Ramudgar Yadav Son of Late Sahdeo Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

20. Soni Devi @ Smt. Soni Devi Wife of Sri Deepak Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

21. Leelan Devi Wife of Sri Rajo Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

22. Heera Devi @ Smt. Heera Devi Wife of Vikash Yadav Resident of Village Ghagsam, P.S. Simri Bakhtiyarpur, District - Saharsa.

Patna High Court Cr.Misc. No.28077 of 2018 (2) dt.17-05-2018 2/3 .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bijay Chaudhari Son of Sri Sadanand Chaudhary Resident of Village Raksa Dhnoja, P.S. Mahisi, District - Saharsa at residing at Nagarpalika Path, Ward No. 11, P.S. & District Khagaria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Mahishi P.S. Case No.160 of 2017 , registered for offences punishable under Sections 406, 420, 467, 468, 471,120(B) of the Indian Penal Code.

Allegation against the petitioners who are 22 in numbers is that they conspired with one Shyam Choudhary and Mohan Choudhary in preparation of forged document and sale the land. Submission of the learned counsel for the petitioners is that specific allegation is against Shyam Choudahry and Mohan Choudhary and against these petitioners only allegation is that they conspired.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named,

Patna High Court Cr.Misc. No.28077 of 2018 (2) dt.17-05-2018 3/3 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa in connection with Maheshi P.S.Case no.160 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T