Sima Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13849 of 2018 Arising Out of PS. Case No.-712 Year-2017 Thana- NATHNAGAR District- Bhagalpur ======================================================
1. Sima Devi, W/o Sushil Prasad Gupta @ Shushil Prasad Gupta @ Shushil Kumar
2. Sushil Prasad Gupta @ Shushil Prasad Gupta @ Shushil Kumar S/o Late Tribhuban Prasad Both Resident of Mohalla- Nath Nagar Goldar Patti, P.S.-Nath Nagar Dist.-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Sri Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State as well as the informant. The petitioners are apprehending arrest in connection with Nath Nagar P.S. Case No. 712 of 2017 for offences under Sections 467, 468, 471, 420, 385, 448, 504, 506/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that dispute arose as to the share in the rented shop and it is basically a civil dispute which is amenable to the competent civil court jurisdiction but the informant in order to exert pressure has filed the present case.
Learned counsel for the informant vehemently
Patna High Court Cr.Misc. No.13849 of 2018(2) dt.05-04-2018 2/2 opposed the prayer for anticipatory bail of the petitioners referring to the circumstances enumerated in the fardbeyan that being widow she has been threatened by the petitioners and as such they do not deserve anticipatory bail.
Looking into the nature of dispute and considering the fact that the petitioners have no criminal antecedent, the court is inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, in the event of arrest or surrender within four weeks from today, 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 the Additional Chief Judicial Magistrate, Bhagalpur in connection with Nath Nagar P. S. Case No. 712 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Anil Kumar Upadhyay, J) spandey/- U T