Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48229 of 2017 Arising Out of PS.Case No. -593 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Sumitra Devi, D/o Bhadai Sharma, W/o Late Shambhu Sharma, resident of Village- Bishanpur, P.S.- Mufassil, District-Khagaria at present resident of Village- Deotha, P.S.- Pasraha, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Khagaria (Chitragupta Nagar P.S. Case No. 593 of 2015 registered under Sections 420, 468, 471 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that a false complaint case was initially filed against the petitioner by her father-in-law, which was referred under Section 156(3) of the Cr.P.C. for investigation, pursuant to which, first information report was instituted. He contended that after the husband of the petitioner died, the in-laws are

Patna High Court Cr.Misc. No.48229 of 2017 (2) dt.17-10-2017 subjecting her to cruelty and harassment in various ways and instant complaint lodged by the informant is also one of the examples of harassment made by her in-laws.

On the other hand, learned counsel for the informant has vehemently opposed the application for grant of pre-arrest bail to the petitioner. He submitted that by making forgery the petitioner was trying to sell the land of the informant of the case. He submitted that it is wrong to state the allegations made in the complaint are false.

Be that as it may, regard being had to the nature of the offence and the relation of the petitioner with the informant of the case, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 593 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T