Madhulata Kumari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38472 of 2015 Arising Out of Complaint Case No.-21 Year- 2015 Thana -SAHARSA COMPLAINT CASE District- SAHARSA ======================================================

1. Madhulata Kumari Wife of Madhukar Nishad

2. Madhukar Nishad @ Madhukar Pd. Nishad Son of Late Srilal Mandal .... .... Petitioner/s

Versus

The State of Bihar ... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsels for the petitioners and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420/467/468/471 of the Indian Penal Code. The prosecution case is that Parmeshwari Devi maternal-grand-mother of the complainant adopted the complainant in her life time being the son of her daughter but the petitioner no.1 being other daughter of Parmeshwari Devi and petitioner no.2 being husband of petitioner no.1 by virtue of forged partition deed tried to claim the gifted property of the complainant.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.38472 of 2015 (2) dt.24-09-2015 2/2 that for the alleged family arrangement made in 2010, the complaint has been filed in 2015 but there is nothing on record to suggest the adoption of complainant by his maternal-grandmother. It is submitted by learned counsel for the informant that the petitioners fraudulently tried to grab the property of the complainant.

Considering the delayed lodging of the complaint and the accusation is based on civil nature of dispute between the parties, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Complaint Case No.21C of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T