Sarda Devi @ Sardha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14331 of 2013 Arising Out of PS.Case No. -4048 Year- 2010 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Sarda Devi @ Sardha Devi, W/O Bhikhan Mehta, R/O Village - Damgara Bhitiya, P.S. Dhamdaha, District - Purnea

2. Bhikhan Mehta, S/O Bauku Mehta, R/O Village - Damgara Bhitiya, P.S. Dhamdaha, District - Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Ashok Kumar Bishwas, son of Gulapchand Bishwas, resident of Village-Baunsi, P.S.-Baunsi, Distt.-Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh, Advocate For the S t a t e : Mr. S.M.Rahman (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioners figured as accused in Complaint Case No.4048C of 2010 registered for the offences punishable under Sections 323, 379, 420 read with Section 34 of the Indian Penal Code.

Apprehending arrest, the petitioners filed A.B.P. No.617 of 2012 in the court of 1st A.D.J., Araria. The same was dismissed on 16.11.2012. Hence, this application for grant of anticipatory bail under Section 438 of Cr.P.C.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The main allegation against these petitioners is in

Patna High Court Cr.Misc. No.14331 of 2013 (3) dt.01-04-2015 2/2 relation to some transaction of sale of land. Even if the allegations against the petitioners are true, arrest of the petitioners is not at all necessary in a case of this nature. Hence, the application is allowed.

In the event of arrest, the petitioners are directed to be released on bail on furnishing bail-bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri B.M. Tripathi, learned Judicial Magistrate, 1st Class, Araria, in connection with Complaint Case No.4048C of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(L. Narasimha Reddy,CJ) PNM U T