← Library
Patna High CourtCR. MISC./2432/2018bail granted

Most. Geeta Kunwar And ANR v. State Of Bihar And ANR

2018-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2432 of 2018 Arising Out of PS.Case No. -4013 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. MOST. GEETA KUNWAR &

2. Shikhandi Sharma .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 4013 of 2016 instituted for the offence under Sections-406, 420, 467, 468/120(B) of the Indian Penal Code.

It has been submitted that there is general and vague allegation against the petitioners in complaint petition that petitioner No. 1 and 2 on the pretext of getting her name entered for old age pension, got executed sale deed with respect to one Katha of land of Khata No. 143 Survey No. 939 of Mauja Satai in favour of petitioner No. 1.

It has been submitted that the complainant has not disclosed any date and time of alleged occurrence nor any document has been produced in support of complaint. It has been submitted that petitioner No. 1 is old widow and the land in question is already in her name and she has title over the same, for which, Jamabandi No. 707 has been

Patna High Court Cr.Misc. No.2432 of 2018 (2) dt.17-01-2018 2/2 created and the name of petitioner No. 1 has been inserted. The petitioner No. 2 is son of petitioner No. 1.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 4013 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Gopalganj subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.