Mahawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39816 of 2019 Arising Out of PS. Case No.-2130 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.
MAHAWATI DEVI Wife of Late Ram Chandra Thakur Resident of Village - Bishunpur Shri Ram, P.S.- Sakra, District - Muzaffarpur. 2.
Champa Devi Wife of Devendra Thakur Resident of Village - Khabra, P.S.- Sadar, District - Muzaffarpur.
3.
Mina Devi Wife of Vishwanath Thakur Resident of Village - Susta, P.S.- Sakra, District - Muzaffarpur.
4.
Rukmila Devi @ Rukarmila Devi Wife of Ganesh Thakur Resident of Village - Fulkahan, P.S.- Kanti, District - Muzaffarpur. 5.
Manjay Kumar Son of Devendra Thakur Resident of Village - Khabra, P.S.- Sadar, District - Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sajjan Kumar Son of Sri Ram Thakur @ Sri Sitaram Thakur Resident of Village - Bishunpur Shri Ram, P.S.- Sakra, District - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.R.B.Roy 'Raman' APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Complaint Case N0. 2130 of 2014, disclosing offences under Sections 420,467,468.471 and 120B of the Indian Penal Code.
It is alleged in the complaint petition that the persons named in the complaint case had executed sale deed in favour of the complainant in respect of land on 22.06.2010, whereas for the same land a sale deed was
Patna High Court CR. MISC. No.39816 of 2019(3) dt.01-07-2019 2/3 already executed in favour of someone else.
Learned counsel appearing on behalf of the petitioners has submitted that there are altogether six persons named in the First Information Report and the main allegation is against co-accused Kaushal Kishore Thakur. Petitioner No.1 is mother of said Kaushal Kishore Thakur, whereas petitioner Nos. 2,3 and 4 are his sisters and petitioner No.5 is the son of one of the sisters of said Kaushal Kishore Thakur.
Learned counsel has submitted that considering the civil nature of dispute between the parties and there is no likelihood of the petitioners' fleeing away from the course of enquiry or trial before the Court below, the petitioners deserve anticipatory bail. He has informed this Court that co-accused Kaushal Kishore Thakur has been granted regular bail by the Court below.
In view of the above, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-cum Sub-Judge-13, Muzaffarpur in Complaint Case No. 2130 of 2016 (Trial No. 859 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.39816 of 2019(3) dt.01-07-2019 3/3 This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U