Sunita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1341 of 2019 Arising Out of PS. Case No.-486 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ======================================================
1. Sunita Devi wife of Sugriv Sah
2. Sugriv Sah @ Sugriv Kumar son of Late Mahanth Sah
3. Rambabu Kumar son of Late Mahanth Sah
4. Lalita Devi wife of Late Mahanth Sah
5. Md. Khurshid Alam @ md. Khurshid son of Ali Ahmad Mian All residents of village Singhiya Hiban, P.S. Banjariya District East Champaran
6. Sheikh Wazul Haque son fo Sheikh Suleman, resident of village Sunarpur, P.S. Banjariya District East Champaran .
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 Heard the parties.
The petitioners are apprehending their arrest in connection with Motihari Town P.S.Case No.486 of 2018 registered for offences punishable under Sections 420, 467, 468, 471, 409, 120B, 34, 302 & 201 of the Indian Penal Code. Allegation as per FIR is that forcibly a sale-deed was executed in favour of the petitioner no.1 by the accused persons and further allegation is that they killed the father-in-law of the informant.
Submission of the learned counsel for the petitioner is
Patna High Court Cr.Misc. No.1341 of 2019(4) dt.20-02-2019 2/2 that the sale-deed was executed in favour of the petitioner no.1 and other petitioners are witnesses and identifier of the saledeed and so far allegation of murder is concerned, as a matter of fact the father -in-law of the informant died due to illness. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners surrender before the learned court below within a period of six weeks from the date of order and on surrender they will be released on provisional bail in connection with Motihari Town P.S.Case No.486 of 2018 till submission of the charge-sheet on condition that they will co-operate to the in police in investigation of the case, however, once the charge- sheet has been submitted against the petitioner, they will surrender and make prayer for regular bail which will be considered on the basis of materials available on the record at that time.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T