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Patna High CourtCR. MISC./45175/2018bail granted

Nazmul Hoda And ORS v. The State Of Bihar

2018-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45175 of 2018 Arising Out of PS. Case No.-775 Year-2017 Thana- ARARIA District- Araria ======================================================

1. Nazmul Hoda Son of Late Azizur Rahman, resident of VillageAraria Basti Tola Farasoot, P.S. Araria, District- Araria.

2. Qaiyum Son of Late Majeed resident of Village- Taran Tola Majhwa, P.S. Jokihat, District Araria.

3. Sabita Devi Wife of Late Jawahar Lal Bhagat,

4. Sony Bhagat, Wife of Sampat Bhagat, Daughter of Late Jawahar Lal Bhagat,

5. Beauty Devi Wife of Nityanand Bhagat, Daughter of Late Jawahar Lal Bhagat, All three residents of Village- Araria Basti, P.S. Araria, District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Ram Jatan Bhagat, Son of Late Kamla Prasad Bhagat, R/o VillageBairgachhi, P.S.-Araria, District-Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kashyap Kaushal, Adv : Mr.Sanjay Kumar Sharma, Adv For the Opposite Party/s :

Mr. Anil Prasad Singh, Adv : Mr.Vijay Kishore Bharti, Adv : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 467,468,471,420,34 of the Indian Penal Code.

Petitioner No.3-Sabita Devi and petitioner No.5-Beauty Devi allegedly sold the joint family property in favour of other petitioners. Claim of the

Patna High Court Cr.Misc. No.45175 of 2018(5) dt.06-12-2018 2/2 complainant is that he is also cosharer of the property. After hearing the parties, I do not find that the complainant has been cheated in the transaction, hence, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Araria P.S.Case No. 775 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T