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Patna High CourtCR. MISC./40673/2015bail granted

Raghunath Sah And ANR v. The State Of Bihar

2015-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40673 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -MAHNAR District- VAISHALI (HAJIPUR) ======================================================

1. Raghunath Sah, son of Late Raudi Sah

2. Baidhnath Sah, son of Late Raudi Sah Both residents of Village Hasanpur (North), P.S. Mahnar, District Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Smt. Anuradha Singh, Advocate. For the Opposite Party/s : Mrs. Asha Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2015 Heard both sides.

The petitioners, namely, Raghunath Sah and Baidhnath Sah, apprehend their arrest in a case under Sections 420, 467, 471, 323, 354, 452, 120B of the Indian Penal Code. The complainant-informant filed a complaint petition on the basis of which the present F.I.R. was lodged. The informant alleged that her father-in-law executed a will with regard to lands of Khata Nos. 278, 283, 631, 995. It is submitted that the informant further alleged that after death of her father-in-law, she filed a Probate Case no. 30/13 in the court of the District Judge, Vaishali but the petitioners executed a sale deed with regard to some of the lands willed in favour of the informant. It is submitted that the petitioners are sons of Raudi Sah, the father-in-law of the informant, and the lands are the ancestral property and the

Patna High Court Cr.Misc. No.40673 of 2015 (3) dt.23-11-2015 2/2 petitioners, being the co-parcenors, are entitled to get their shares. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar, Judicial Magistrate, 1st Class, Vaishali at Hajipur in Mahnar P.S. Case No. 162/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T