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Patna High CourtCR. MISC./43535/2019bail granted

Vishakha Sinha v. The State Of Bihar

2019-07-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43535 of 2019 Arising Out of PS. Case No.-5049 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vishakha Sinha Wife of Abhijeet Kumar Sinha Resident of 505, Ujjala House Nalanda Colony, P.S.- Rajiv Nagar, Distt - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Ramdhani Singh Son of Late Kamalpati singh Resident of VillageUdani,P.O-Mithanchak,P.S-Gopalpur,District-Patna-804453 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2019 Heard both sides.

The petitioner apprehends her arrest in Complaint Case No.5049C of 2017 for the offences allegedly committed by the petitioner under Sections 468, 420 and 447 of the Indian Penal Code.

The complainant alleged that Janki Sharan Singh had no issue. The complainant and his wife were looking after Janki Sharan Singh, who executed a registered Will of his property in favour of the wife of complainant but the wife of Janki Sharan Singh sold out the land to the petitioner and others already bequeathed by Janki Sharan Singh in favour of the wife of complainant.

Patna High Court CR. MISC. No.43535 of 2019(2) dt.16-07-2019 2/2 Learned counsel for the petitioner submits that the petitioner is a bona fide purchaser from the wife of Janki Sharan Singh. The Will is yet to be probated. If the Will is found to be genuine, the petitioner will not get any title. Having considered the facts and the nature of allegation made against the petitioner and the fact that the petitioner is a bona fide purchaser from the wife of Janki Sharan Singh, the above named petitioner, in the event of her 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, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XIII-cumA.C.J.M., Patna in connection with Complaint Case No.5049C of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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