Patna High CourtCR. MISC./23540/2017bail granted

Nirmala Sinha @ Leela Devi v. The State Of Bihar

2017-07-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23540 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nirmala Sinha @ Leela Devi, Wife of Sandeep Kumar Singh @ Sandeep Kumar Sinha, resident of Village- Madhuaha Vrit, P.S.- Rajepur, DistrictEast Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chakia P.S. Case N0. 16 of 2017, disclosing offences under Sections 420, 406, 467, 468,471, 341, 323,379, 504/34 of the Indian Penal Code.

The petitioner is daughter of the complainant. It is not disputed that there is partition in the family and complainant and petitioner have got separate shares. Allegation against the petitioner is that she has executed sale deed in respect of a land which fell in the share of the complainant.

Learned counsel for the petitioner submits that dispute is of purely civil nature between the petitioner and

the complainant.

Considering the genesis of the occurrence and the nature of occurrence, this application is allowed. Let the petitioner above named in the event of her 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 13th Additional Chief Judicial Magistrate, East Champaran at Motihari in Chakia P.S. Case No. 16 of 2017, G.R. No. 369 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U