Bindhyawasani Devi And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.33545 of 2014 (2) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33545 of 2014 Arising Out of PS.Case No. -356 Year- 2013 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Bindhyawasani Devi, wife of Shivji Sah.

2. Shivji Sah, Son of Late Girjanand Sah.

Both residents of Village- Bachhauta, P.S. Morkahi, District- Khagaria. .... .... Petitioners.

Versus

1. The State of Bihar.

2. Sanjay Sah, Son of Late Girjanand Sah, resident of VillageBachhauta, P.S. Morkahi, District- Khagaria. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Mrityunjay Kumar, Advocate. For the State : Mr. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 356C of 2013 registered under Sections 420/34 of the Indian Penal Code.

There is allegation that a sale deed got executed, but the money has not been given. Hence allegation itself appears to be civil claim regarding civil dispute.

Having regard to the facts and circumstances of the case , the above named petitioners in the event of their arrest/surrender within a period of four weeks from the date of receipt of copy of order in the court below shall 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 Sri Prashant Kumar, Judicial Magistrate, 1st Class, Khagaria, in connection with Complaint Case No.356C of 2013, subject to condition as laid down under Section 438(2) of Cr.P.C.

m.p.

(Gopal Prasad, J) U T