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Patna High CourtCR. MISC./63666/2024bail granted

Prem Lal Maraiya v. The State Of Bihar

2024-09-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63666 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- DANDKHORA District- Katihar ====================================================== 1.

Prem Lal Maraiya Son of Dilip Mara Resident of Souriya, PS- Dandkhora, Distt.- Katihar 2.

Reena Devi Wife of Premlal Maraiya Resident of Souriya, PS- Dandkhora, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Dandkhora P.S. Case No. 7 of 2024 registered under Sections 406, 420, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the elder brother of informant and his wife took Rs. 1,36,000/- from informant for purchasing material of decoration and assured to return the same within one year. When informant demanded his money after one year then the accused persons abused and assaulted him and refused to

Patna High Court CR. MISC. No.63666 of 2024(2) dt.24-09-2024 2/3 return the same.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to family dispute and village politics. Petitioner no.1 and informant are own brothers. Petitioners are living in Govt. Colony. As a matter of fact, petitioners had constructed house of Indira Awas Yojna in the residential land beside informant but informant has trespassed into the house and is not allowing the petitioners to enter into the same, and in order to grab the house of these petitioners, informant lodged this false and concocted case against them. Petitioners have got clean antecedent.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, 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, Katihar in connection with Dandkhora P.S. Case No. 7 of 2024, subject to the conditions as

Patna High Court CR. MISC. No.63666 of 2024(2) dt.24-09-2024 3/3 laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T