Kanti Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18174 of 2016 Arising Out of PS.Case No. -1313 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Kanti Devi wife of Shivnandan Rajak, resident of Village- Mocharim, Police Station- Bodh Gaya, District- Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Rabindra Kumar Pandey Son of Shri Tapsyawi Singh, resident of Village- Harna, Police Station- Sherghati, District Gaya. .... .... Opposite Parties ====================================================== Appearance:
For the Petitioner : Mr. Jagdish Prasad, Advocate Mr. Ashok Kumar Verma, Advocate For the Opposite Parties : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of O.P. No. 2.
The petitioner is apprehending her arrest in connection with Complaint Case No. 1313 of 2015 registered for the offence punishable under Section 420 of the Indian Penal Code and Section 138 of Negotiable Instrument Act. Learned counsel for the petitioner submits that the petitioner is unnecessarily harassed as neither had she taken any money from the complainant nor did she execute any sale deed. Rather the allegation against her is that her thumb impression was taken for execution of sale deed, which belongs to one Bhuneshwari Devi. However, the admitted possession remains that
Patna High Court Cr.Misc. No.18174 of 2016 (5) dt.08-08-2016 2/2 this petitioner has not taken any money. Moreover, the petitioner is an old lady, aged about 70 years and the main allegation is against her son Lalan Rajak, not herself.
Considering the aforementioned facts and circumstances, let the petitioner above named, in the event of her 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) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Gaya in connection with Complaint Case No. 1313 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T