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Patna High CourtCR. MISC./31788/2018bail granted

Jeera Devi @ Geera Devi And ORS v. The State Of Bihar

2018-06-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31788 of 2018 Arising Out of PS.Case No. -262 Year- 2004 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Jeera Devi @ Geera Devi, Wife of Baidyanath Paswan,

2. Sunita Devi, Wife of Uday Paswan,

3. Lakhindra Paswan, Son of Kira Paswan, All resident of VillageBhataulia, P.S.- Garaul, District- Vaishali.

4. Uday Paswan, Son of Daroga Paswan, Resident of Village- Bahilwara, Rupnath, P.S.- Saraia, District- Muzaffarpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Mahua P.S. Case No. 262 of 2004 registered for the offences punishable under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code.

Petitioners are named in the first information report but nothing has been alleged against the petitioners except petitioner no. 2 against whom there is allegation that co-accused, Harihar Paswan executed forged will in respect of land of the informant in her favour.

Patna High Court Cr.Misc. No.31788 of 2018 (3) dt.22-06-2018 2/2 The impugned order goes to show that present case was lodged in the year 2004 but petitioners moved for anticipatory bail in the year 2018 and taking note of the aforesaid fact, the learned Sessions Judge came to conclusion that there was no apprehension of arrest of the petitioners but I am not in agreement with the observation given by the learned Sessions Judge, Vaishali at Hajipur.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case No. 262 of 2004 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T