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Patna High CourtCR. MISC./50224/2022bail granted

Bipin Kumar Choudhary v. The State Of Bihar

2023-02-09Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50224 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== 1.

BIPIN KUMAR CHOUDHARY Son of Late Ram Vinod Choudhary Permanent resident of village and Post - Kaithwar, P.S.- Sakatpur, District - Darbhanga, State of Bihar.

2.

Arti Choudhary Wife of Bipin Kumar Choudhary Permanent resident of village and Post - Kaithwar, P.S.- Sakatpur, District - Darbhanga, State of Bihar.

3.

Mukesh Kumar Jha Son of Prabhash Kumar Jha @ Prabhash Jha Permanent resident of village and P.O.- Mehath, P.S. - Bhairav Asthan, District - Madhubani, State of Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Jha For the Sate :

Mr.Awadhesh Kumar Singh For the informant Mr. Pankaj Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-02-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners as well as the learned counsel for the informant. The petitioners apprehend their arrest for the offences alleged under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code, registered in connection with Bahera P.S.Case No. 184 of 2022.

Patna High Court CR. MISC. No.50224 of 2022(3) dt.09-02-2023 2/3 As per allegation, petitioner no.1, who is brother of the informant, had brought his father to his residence for treatment and he enticed away his father to execute a gift deed in favour of petitioner no.2, who is wife of petitioner no.1. The learned counsel for the petitioners has submitted that the petitioners, after realizing their mistakes, have compromised the case with the informant and it was agreed that both the parties shall be entitled for half and half share in the paternal property. He has submitted further that the petitioners assured that they would never retract from their words given in the compromise petition.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within six weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned SDJM, Benipur in connection with Bahera P.S.Case No. 184 of 2022/G.R.Case No. 158 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.

If the petitioners retract from their words given in the compromise petition, their bail bonds shall stand cancelled.

Patna High Court CR. MISC. No.50224 of 2022(3) dt.09-02-2023 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T