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Patna High CourtCR. MISC./60431/2018bail granted

Sita Devi And ORS v. The State Of Bihar

2018-10-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60431 of 2018 Arising Out of PS.Case No. -157 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sita Devi, W/o Brijesh Kumar,

2. Brijesh Kumar S/o Harendra Chaudhary, Both R/o Vill.- Pakariya, Malahi Tola, P.S.- Jagdishpur, District- West Champaran.

3. Sukhli Devi @ Geeta Devi W/o Lalbahadur Yadav, D/o Late Ramchandra Mahto, R/o Vill.- Khutia Indu, P.S.- Majhaulia, DistrictWest Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar For the Opposite Party : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Nautan P.S. Case No. 157 of 2018 registered for the offences punishable under Sections 467, 468, 471, 420, 506 and 120B of the Indian Penal Code.

The informant claims that petitioner no. 3 being stranger to his family executed sale deed in favour of petitioners no. 1 and 2 in respect of a land which had been settled to father of informant.

Learned counsel appearing for the petitioners submits

Patna High Court Cr.Misc. No.60431 of 2018 (2) dt.06-10-2018 2/2 that petitioner no. 3 happens to be full sister of informant and as a matter of fact, she solemnized her inter-caste marriage which caused annoyance to the informant and that is why the informant has brought this false case. He further submits that petitioner no. 3 has filed Partition Suit No. 85 of 2018 against the informant and others.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in Nautan P.S. Case No. 157 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/AbhijeetU T