Satyabhama Devi @ Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8282 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== 1.
Satyabhama Devi @ Shanti Devi W/O Late Kusheshwar Lal R/O Ward No 11, Jhajhihat, Nagar Panchayat Janakpur Road, P.S Pupri, District-Sitamarhi. 2.
Manoj Kumar Lal S/O Late Kusheshwar Lal R/O Village- Ward No 11, Jhajhihat, Nagar Panchayat Janakpur Road, P.S Pupri, District-Sitamarhi. 3.
Vandana Verma @ Bandana Verma W/O Late Sanjay Kumar @ Sanjay Lal R/O Ward No 11, Jhajhihat, Nagar Panchayat Janakpur Road, P.S Pupri, District-Sitamarhi.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Nath Kanth For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 468, 471/34 of the Indian Penal Code. The prosecution case as per F.I.R is that after the death of wife of one Kusheshwar Lal namely Satyabhama Devi, the petitioner No. 1, in collusion with petitioner Nos. 2 and 3 being her son and daughter-in-
2/4 law got entered her name in voter list in place of Late Satyabhama Devi and also obtained Aadhar Card and Pan Card in her name and illegally received pension in Pension Account opened in State Bank of India. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. The informant had earlier filed a false and fabricated complaint against the petitioners in order to pressurize them to executed a sale deed with respect to certain lands of petitioners for which the informant claims that Late Kusheshwar Lal has agreed to sale after taking advance money. The said complaint has been dismissed by the learned S.D.J.M, Pupri with an observation that the matter relates to violation of agreement which is a civil nature of dispute. Thereafter, this false case has been lodged against the petitioners to put pressure upon the petitioners to executed sale deed in favour of the informant. It is further submitted that pension payment order bears a joint photograph of Late
3/4 Kusheshwar Lal and petitioner No. 1 and a bare comparison of the photograph of petitioner No. 1 appears on PPO with the photographs appears on Aadhar Card of petitioner No. 1 shows that both photographs belong to the same and one person. It is further submitted that the authorities of State Bank of India have verified the identity of petitioner No. 1 through biometric authentication and comparing the photographs by way of visual confirmation, and thereafter issued KYC certificate and after KYC verification, the family pension has been restored.
In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Pupri P.S. Case No. 140 of
4/4 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T