Nitu Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44774 of 2018 Arising Out of PS.Case No. -280 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Nitu Devi, W/o Lavkush @ Kush Kumar Singh,
2. Urmila Kuwar W/o Late Umesh Prasad Singh,
3. Chinta Kuwar W/o late Umesh Prasad Singh, All are R/o Vill.- Sio, P.S.- Bhabua, District- Kaimur, Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shankar Sahay Mr. Navin Kumar Jha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2018 Heard learned counsel for the petitioners, the informant as well as the State.
The petitioners apprehend their arrest in Bhabhua P.S. Case No. 280/2018, instituted for the offences under Sections 406, 420, 467, 468 and 120(B) of the Indian Penal Code. In the complaint petition it is alleged that a sale deed was executed by Kush Kumar Singh @ Lav Kush Kumar Singh bearing Khata No. 173, Plot No. 214, Area 40 Decimal after seeing the papers. Allegation against these petitioners is that when the complainant went to the house of co-accused Kush Kumar Singh, the petitioners were also present there. The petitioners are wife and step-mother of aforesaid co-accused Kush Kumar Singh.
Patna High Court Cr.Misc. No.44774 of 2018 (2) dt.03-08-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhabhua P.S. Case No. 280/2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabhua subject to the conditions as laid down under Section 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 automatically 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.) Rakhi U T