Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59288 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Malti Devi Wife of Devendra Tiwary

2. Abhishek Tiwary @ Abhishek Kumar Son of Devendra Tiwary

3. Jai Ram Yadav Son of Ram Suraj Yadav All are residents of Village + P.S. Vijaipur, District - Gopalganj.

4. Anil Yadav Son of Hardeo Yadav Resident of Village - Rasulpur, P.S. Vijaipur, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Vijaipur P.S.Case No. 32 of 2017 registered under Sections 341, 323, 419, 420, 504, 506 and 120-B/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that from the allegations made in the First Information Report it would be manifest that no specific allegation has been made against the petitioners. He submitted that it has been alleged that in all six accused persons including the four petitioners got prepared a forged sale deed with respect to the land belonging to the informant's wife. However, there is no truth behind such

Patna High Court Cr.Misc. No.59288 of 2017 (2) dt.13-12-2017 2/2 allegation and title suit is pending between the concerned parties with respect to the land in question. He submitted that the other two accused persons, namely, Devendra Kumar Shukla and Bhola Kharwar have already been granted pre-arrest bail by this Court vide order dated 03.10.2017 passed in Cr.Misc. No. 45669 of 2017 and order dated 17.10.2017 passed in Cr.Misc. No. 49986 of 2017 respectively.

Learned counsel for the State opposed the application for grant of pre-arrest bail. However, he conceded that the other two accused persons have already been extended the privilege of pre-arrest bail by different Benches of this Court. Considering the nature of allegation and the submissions made on behalf of the parties, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th A.C.J.M., Gopalganj in connection with Vijaipur P.S.Case No. 32 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T