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Patna High CourtCR. MISC./68406/2018allowed

Kalawati Devi And ORS v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68406 of 2018 Arising Out of PS. Case No.-271 Year-2017 Thana- JAGDISHPUR District- Bhojpur ======================================================

1. Kalawati Devi Wife of Shiv Narayan Pandey Resident of Village-Pandeypur,P.S. Shahpur,P.O. Barisawan,Distt.-Bhojpur at Ara(Bihar)

2. Shubh Narayan Pandey Son of Late Narad Pandey Resident of Village-Pandeypur,P.S. Shahpur,P.O. Barisawan,Distt.-Bhojpur at Ara(Bihar)

3. Sangita Devi Wife of Sri Hare Ram Tiwary Resident of VillageDhamoul,P.S. Shahpur,Distt.-Bhojpur at Ara (Bihar)

4. Hare Ram Tiwary Son of Mulkraj Tiwary Resident of VillageDhamoul,P.S. Shahpur,Distt.-Bhojpur at Ara (Bihar)

5. Kamlesh Tiwari Son of Rameshwar Tiwary Resident of VillageBilouti,P.O.-Bilouti,P.S. Shahpur,Distt.-Bhojpur atg Ara (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Pandey For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Jagdishpur P.S. Case No. 271 of 2017 for the offence under sections 341, 323, 504, 420, 467, 468, 471, 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are either purchaser or witnesses on the sale deed. He submits that petitioners have purchased the property for value

Patna High Court Cr.Misc. No.68406 of 2018(2) dt.14-12-2018 2/2 consideration and now allegation is levelled that they have obtained sale deed with regard to the property of the informant. Learned counsel submits that the petitioners are in fact the victim and not the beneficiaries.

Considering the totality of the facts situation, the Court is inclined to grant bail, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Additional Chief Judicial Magistrate -XIth, Bhojpur at Ara, in connection with Jagdishpur P.S. Case No. 271 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T