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Patna High CourtCR. MISC./25842/2017bail granted

Rajeev Kumar Poddar And ANR v. State Of Bihar And ANR

2017-08-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25842 of 2017 Arising Out of PS.Case No. -471 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Rajeev Kumar Poddar, Son of Late Dasrath Poddar,

2. Anita Pathak @ Anita Kumari Pathak, wife of Rajeev Kumar Poddar, Both resident of Dhobi Mohalla, Near Post Office Road, Police StationKhagaria, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjana Bharti, wife of Sanjeev Kumar Poddar, Resident of Kamalpur, Bhagat Tola, Police Station- Khagaria, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel for the State as also counsel for the Informant. In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 471 (C) of 2016 registered for offences under sections 341, 323, 427, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

As per allegation made in the Complaint Petition, the husband of the Informant is a week mind person, taking benefit of this situation, the present petitioners are executing the sale deed. Learned counsel for the Informant is not challenging the execution of the sale deed by her husband but, submits that the

Patna High Court Cr.Misc. No.25842 of 2017 (3) dt.10-08-2017 Punchnama, which has been used for sale deed, is forged document and further submits that even the Punchnama has not been executed by her husband.

At this stage, it is very difficult to point out as to whether the charge is correct.

Looking to the entire facts and circumstances of the case, let the petitioners, namely, Rajeev Kumar Poddar and Anita Pathak @ Anita Kumari Pathak, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 learned Sub Divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 471 (C) of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T