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Patna High CourtCR. MISC./12090/2016bail granted

Babita Devi v. State Of Bihar And ANR

2016-03-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12090 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Babita Devi wife of Amar Kumar @ Sadan Kunwar, resident of villageDumaria Khurda, P.s.- Parabatta, District- Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ajay Kunwar, son of Late Nunu Babu Kunwar, resident of villageDumaria Khurda, P.s.- Parabatta, District- Khagaria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Parbatta P.S. Case No. 120 of 2015 registered under Sections 323, 420, 467, 468, 471, 504, 506 and 120-B of the Indian Penal Code.

It has been contended that initially a complaint was filed, which was sent to the Police for investigation, pursuant to which FIR has been instituted. It is further contended that there is no allegation against the petitioner in the FIR. As a matter of fact, the petitioner is a bonafide purchaser of the land in question and the registered sale deed was executed by co-accused Shambhu

Patna High Court Cr.Misc. No.12090 of 2016 (2) dt.17-03-2016 2/2 Kunwar after due consideration in favour of the petitioner on 13.09.2014 and 26.11.2014 Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st at Khagaria in connection with Parbatta P.S. Case No. 120 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T