Aruna Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14575 of 2016 Arising Out of P.S. Case No. -200 Year- 2015 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) =====================================
1. Aruna Devi, W/o Late Rajendra Kumar Rastogi.
2. Gaurav Rastogi @ Gaurav Kumar Rastogi, S/o Late Rajendra Kumar Rastogi.
Both resident of Mohalla- Bhathuria, P.S.- Laheri TownBiharsharif, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Raj, Adv. For the State : Mrs. Indu Bala Pandey (App) For the Complainant : Mr. S.K. Thakur, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Laheri P.S. Case No. 200 of 2015 (Complaint Case No. 917 (C) of 2015), disclosing offences under Sections 420, 406 and 120B of the Indian Penal Code.
Patna High Court Cr.Misc. No.14575 of 2016 (5) dt.26-08-2016 2/3 The allegation against petitioner No. 1 is that she was holding power of attorney, executed in her favour by the complainant. On the strength of said power of attorney, petitioner No. 1 is said to have executed saledeeds pertaining to sell of lands, which belonged to the complainant, in favour of certain persons including her son, who is petitioner No. 2 herein. It is alleged against petitioner No. 1 that she did not pay the sale amount to the complainant.
Learned counsel for the petitioners has submitted that the petitioner No. 1 has offered to pay the entire amount, as mentioned in the sale-deeds, as consideration money against the sale of the lands in question within a period of one month from today. In view of the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsarif, in connection with Laheri P.S. Case No. 200 of 2015 (Complaint Case No. 917 (C) of 2015), subject to the condition laid down under
Patna High Court Cr.Misc. No.14575 of 2016 (5) dt.26-08-2016 3/3 Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T