Heena Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34037 of 2024 Arising Out of PS. Case No.-634 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== 1.
Heena Singh, W/O Nawal Kishore Sinha, R/O Mithpur, Khagaul Raod, P.S.- Jakkanpur, Dist.- Patna (BIHAR) 2.
Nawal Kishore Sinha, Son Of Late Krishna Kumar, R/O Mithpur, Khagaul Raod, P.S.- Jakkanpur, Dist.- Patna (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend his arrest in connection with Gandhi Maidan P.S. Case No. 634 of 2022 registered for the offences punishable under Sections 406, 420, 506/34 of the Indian Penal Code.
3. As per the prosecution case, deceased father of the informant had distributed his property amongst his five sons, whereafter all the brothers had taken possession of their respective shares in the property in question, however, the elder brother of the informant namely Braj Kishore Sinha has circumspectly sold 10 dhurs of the land to Jitendra Kumar, Lal
Patna High Court CR. MISC. No.34037 of 2024(2) dt.17-05-2024 2/3 Bihari Rai and Upendra Kumar which was in his share.
4. The learned counsel for the petitioners submits that the petitioners are innocent and he has been falsely implicated in the present case. The learned counsel for the petitioners has further submitted that the petitioners are identifier of the alleged sale deed. He further submits that similarly situated two coaccused persons have been granted anticipatory bail by this Court vide order dated 20.09.2023 passed in 58372 of 2023. Petitioners undertake to cooperate in the investigation and trial of this case.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.
6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account that other similarly situated co-accused persons have been granted anticipatory bail by the coordinate Bench, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.
7. Accordingly, the abovenamed petitioner, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory
Patna High Court CR. MISC. No.34037 of 2024(2) dt.17-05-2024 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of S.D.J.M. Patna in connection with Gandhi Maidan PS case no. 634 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T