Patna High CourtCR. MISC./53133/2015bail granted

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

2016-10-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53133 of 2015 Arising Out of PS.Case No. -2431 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Sudhela Devi wife of Ganauri Mandal

2. Ganauri Mandal son of late Paro Mandal Both are resident of VillageCompani Bagh, Tilkamanjhi, P.S. Tatarpur, District Bhagalpur. .... .... Petitioners

Versus

1. The State of Bihar.

2. Mosmat Sangita Devi wife of Late Mantu Mandal, D/o Parmeshwar Mandal resident of Village-Compani Bagh Tilkamanjhi Near Vishwavidyalaya, P.s Tatarpur District Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Janki Nandan Prasad, Advocate.

For the Opposite Parties : Ms. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-10-2016 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 2431 of 2014 registered for the offences punishable under Sections 498A, 354 and 323 of the Indian Penal Code. The arresting of the petitioners was stayed vide order dated 23.11.2015 and notice was issued to the opposite party no. 2, the complainant, but the complainant did not appear. The petitioners are brother and brother's wife of the husband of the complainant. The complainant alleged that her husband was of dull mind and the accused persons killed him in the year 2013 in order to grab the lands of the share of her husband.

Patna High Court Cr.Misc. No.53133 of 2015 (5) dt.26-10-2016 2/2 Learned counsel for the petitioners submits that the entire allegation is false and concocted. The complainant wanted to keep more than the share she is entitled to get and that is why she has filed the case making false and concocted allegation. Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Complaint Case No. 2431 of 2014, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T