Nitu Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44093 of 2018 Arising Out of PS.Case No. -281 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Nitu Devi

2. Urmila Kuwar

3. Chinta Kuwar All are resident of Village- Sio, P.S. Bhabua. .... .... Petitioner/s

Versus

1.State of Bihar

2. Sudama Mishra.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s :Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Bhabua P.S. Case No. 281 of 2018, registered for offences punishable under Sections 406, 420, 467, 468 and 120 (B) of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the complainant has made an agreement with the son of the petitioner no.3 for purchase of the land and sale deed was also executed but the son of the petitioner no.3 is not informed that the partition suit is going on.

Submission of the learned counsel for the petitioners is that all the petitioners have falsely been implicated in this case

Patna High Court Cr.Misc. No.44093 of 2018 (2) dt.26-07-2018 2/3 and it is also admitted that the said partition suit was much earlier brought by the petitioner no.1 and admittedly petitioner has also share in partition and as such there is no difference, if the fact the partition suit is not disclose. It is further submitted that the case is of purely civil in nature.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrender, before the court below within a period of six weeks from the date of the receipt of the order, they will be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua in connection with Bhabua P.S. Case No. 281 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T

Patna High Court Cr.Misc. No.44093 of 2018 (2) dt.26-07-2018 3/3