Meera Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40870 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Meera Devi, wife of Mahendra Sah,

2. Mahendra Sah, son of late Ram Jeewan Sah, both residents of VillagePakrhiya, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Harsidhi P.S. Case No.246 of 2017 instituted for the offence under Section(s) 420, 406, 467, 468 Indian Penal Code.

It has been submitted that petitioners are bonafide purchasers of the land for consideration from Nandu Giri and Amar Kishore Giri. The Complainant is a third party, who has no concern with this land.

From the nature of allegation, it appears to be a matter of purely civil dispute.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.40870 of 2017 (2) dt.29-08-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Harsidhi P.S. Case No.246 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T