Bina Devi And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7443 of 2016 Arising Out of PS.Case No. -80 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bina Devi Wife of Ramesh Pandey

2. Ramesh Pandey, Son of Laxuman Pandey Both are residents of Village Pholwaria, P.S. Chakia, District East Champaran. .... .... Petitioners

Versus

1. The State of Bihar

2. Devendra Narayan Pandey, Son of Late Yogendra Pandey, Resident of Village Panditpur, P.S. Pipra Kothi, District East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Pipra Kothi P.S. Case No. 80 of 2014, disclosing offences under Sections 420, 467, 468, 471, 323, 504, 379 and 120B of the Indian Penal Code.

The petitioner no. 1 is the sister of the informant whereas petitioner no. 2 is the husband of petitioner no. 1. Allegation against the petitioners is that they executed a sale deed with respect to the land, which had fallen in the share of the informant in partition, which had taken place in the year 2005. Learned counsel appearing on behalf of the petitioners

Patna High Court Cr.Misc. No.7443 of 2016 (2) dt.15-03-2016 2/2 submits that the said civil dispute is the reason behind institution of the present First Information Report. He further contends that no tangible purpose would be served if the petitioners are taken into custody.

Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 80 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T