Manorma Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46443 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Manorma Devi, Wife of Late Satrudhan Prasad Kashyap,

2. Vijay Kumar Kashyap @ Vijay Kashyap,

3. Ajay Kumar Kashyap @ Ajay Kashyap, Both are son of Late Satrudhan Prasad Kashyap, All are resident of Village- Phulwariya-2, Ward No.3, P.S.- Phulwariya, District- Begusarai, at present all are residing at Mohalla Sagarbhangha Colony, House No. C/164, Durgapur, P.S.- Pokeorvern, District- Barddhaman, West Bengal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Udai Shankar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Fulwariya P.S. Case No. 20 of 2018 registered for offences punishable under Sections 147, 148, 149, 420, 307, 323, 327, 379, 427, 452, 467, 468, 471, 504, 506 and 342 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the petitioners have sold the land which was in the share of the informant by preparing forged deed and tried to dispossess by demolishing the boundary wall.

Submission of the learned counsel for the petitioners is that the petitioners have executed the land to other accused person

Patna High Court Cr.Misc. No.46443 of 2018 (2) dt.10-08-2018 2/2 from their own shares and the petitioners have falsely been implicated in this case. It is further submitted that the present case is purely a civil nature and the petitioners have no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Raghuveer Prasad, Learned Judicial Magistrate 1st Class, Begusarai, in connection with Phulwariya P.S. Case No. 20 of 2018 , subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (Vinod Kumar Sinha, J) Sudha/- U T