Patna High CourtCR. MISC./21458/2017bail granted

Usha Devi v. The State Of Bihar

2017-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21458 of 2017 Arising Out of PS.Case No. -651 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Usha Devi W/o late Baban Singh Resident of Village- Koilwar P.S. Koilwar , District Bhojpur at Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with Ara Nawada P.S.Case No. 651 of 2016 arising out of Complaint Case No. 1689 of 2016 registered under Sections 420, 468 and 471/34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that a false and fabricated case has been instituted on the basis of a complaint, which was sent to the police under Section 156(3) of the Code of Criminal Procedure for investigation. It is further stated that there is presumption in law about the genuineness of a registered document.

Learned counsel for the informant has opposed the application for grant of pre-arrest bail to the petitioner.

Patna High Court Cr.Misc. No.21458 of 2017 (2) dt.06-07-2017 2/2 Be that as it may, regard being had to the nature of allegation and the fact that the petitioner has got roots in the society and is not likely to flee from justice, the petitioner named above 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, Bhojpur at Ara in connection with Ara Nawada P.S.Case No. 651 of 2016 arising out of Complaint Case No. 1689 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of his arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Pradeep/- U T