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Patna High CourtCR. MISC./4988/2016bail granted

Manoj Kumar Jaiswal And ANR. v. The State Of Bihar

2016-03-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4988 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manoj Kumar Jaiswal S/o Late Mahadev Sah,

2. Smt. Shilpa Gupta @ Shilpa Kumari, W/o Manoj Kumar Jaiswal, Both R/o Village - Bank Road, Khuda Nagar, P.S. - Chatauni, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Kumar, Adv. For the Opposite Party/s : Mr. A. Dayal, APP For the Informant : Mr. Madhukar Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-03-2016 Learned counsel for the petitioner is permitted to make correction in paragraph 4 of the application during the course of the day.

Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with East Champaran, Motihari Town P.S. Case No. 25 of 2015 arising from complaint case for the offences punishable under Sections 384, 387, 467, 504/34 of Indian Penal Code.

While it is the argument of Mr. Rahul Kumar, learned counsel for the petitioners that the allegation is substantially directed against accused Sushila Devi and Archana Sharma, it is the argument of learned counsel appearing for the informant that

Patna High Court Cr.Misc. No.4988 of 2016 (2) dt.18-03-2016 2/2 the petitioners are beneficiaries of the act inasmuch as by obtaining the thumb impression of the mother of the informant, the accused Sushila Devi and Archana Sharma have got a deed executed in favour of these petitioners. It is informed by Mr. Rahul Kumar that the issue is pending consideration in a civil suit. Having heard learned counsel for the parties and considering the nature of allegations and the submissions advanced, let the petitioners namely, (1) Manoj Kumar Jaiswal and (2) Smt. Shilpa Gupta @ Shilpa Kumari in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari (East Champaran) in connection with Motihari Town P.S. Case No. 25 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

Bibhash/- (Jyoti Saran, J) U T