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Patna High CourtCR. MISC./58414/2019bail granted

Kiran Agarwal v. The State Of Bihar

2019-09-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58414 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

KIRAN AGARWAL Wife of Late Vishwanath Prasad Agrawal Resident of Purani Godown, P.S-Kotwali, District-Gaya.

2.

Anuja Agrawal W/o Sanjay Agrawal D/o Late Vishwanath Prasad Agrawal Resident of Purani Godown, P.S-Kotwali, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K.Agrawal, Sr Adv Mr.Dhananjaya Nath Tiwari For the State :

Mr.Jai Narain Thakur For the informant : Mr. Ravindra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 406, 506 of the Indian Penal Code registered in connection with Kotwali P.S. Case No. 179 of 2019.

3. It is submitted that the petitioners have been falsely implicated and in any event the dispute between the parties relating to sale of house by the accused persons is purely of civil nature. It is submitted that the petitioners are always ready to sell the house, but the informant did not make payment of the consideration amount in terms of agreement dated 14.07.2016. It is further stated that admittedly the money has been paid to co-accused Manoj Keshri and Manoj Kumar Agrawal. The petitioners are ladies claiming clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard.

5. Be that as it may, in the event of the petitioners' arrest or

Patna High Court CR. MISC. No.58414 of 2019(2) dt.17-09-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Gaya, in connection with Kotwali P.S. Case No. 179 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T