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Patna High CourtCR. MISC./19623/2016bail granted

Gaya Devi And ORS v. The State Of Bihar

2016-05-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19623 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Gaya Devi wife of Late Dhanik Sharma

2. Kameshwar Sharma, son of Late Dhanik Sharma

3. Jagdish Mandal, son of Late Jhakaru Mandal, All are residents of village- Lakshmipur, P.S. Sahebpur Kamal, District- Begusarai

4. Murli Yadav, son of Late Jamun Yadav, resident of village- Bindtoli, P.S. Sahebpur Kamal, district-Begusarai .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 Heard Sri Jitendra Kumar Giri, learned counsel for the petitioners and Sri Anil Kumar, learned Addl. Public Prosecutor.

Four petitioners, apprehending their arrest in connection with Begusarai Town P.S. Case no.03/2015 (arising out of Complaint Case no.14731/2014) registered for the offence under Sections 420, 120(B), 467, 468/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that on an allegation that the petitioners had filed certain forged documents in the Sessions Trial pertaining to Sahebpur Kamal P.S. Case No. 94/1996, a complaint was filed,

Patna High Court Cr.Misc. No.19623 of 2016 (2) dt.19-05-2016 2/2 which was registered as Complaint Case no.14731/2014, in the court of learned Chief Judicial Magistrate, Begusarai with a prayer to transmit the complaint to the police for registering F.I.R. under Section 156(3) of the Code of Criminal Procedure and, thereafter, an F.I.R. has been lodged and investigation is going on. He submits that without any rhyme and reason only with a view to further implicate the petitioners, the present case has been filed. Besides hearing learned counsel for the parties, I have also perused the materials available on record.

Keeping in view the nature of accusation, let four petitioners, namely, (i) Gaya Devi (ii) Kameshwar Sharma (iii) Jagdish Mandal (iv) Murli Yadav, in the event of their arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case no.03/2015 arising out of Complaint Case no.14731/2014, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U