Patna High CourtCR. MISC./39815/2018bail granted

Bidyawati Devi And ORS v. The State Of Bihar

2018-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39815 of 2018 Arising Out of PS.Case No. -153 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Bidyawati Devi, W/o Chotelal Sharma,

2. Chotelal Sharma Late Shidhnath Sharma, Both R/o Vill.- Nataya, P.S.- Kudra, District- Kaimur at Bhabua.

3. Girja Sharma S/o Late Ramashankar Sharma,

4. Pravin Sharma @ Prawin Kumar Thakur S/o Girja Sharma,

5. Ram Surat Yadav S/o Ramnath Yadav, All R/o Vill.- Kakrahi, P.S.- Kudra, District- Kaimur at Bhabua.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bhabua P.S.Case No. 153 of 2018 registered for the offences punishable under Sections 420, 467, 468, 471, 302, 201 and 120B of the Indian Penal Code.

Allegation as per FIR is that the petitioners have got a Wasiyatnama prepared in the name of petitioner No.1 from the deceased.

Submission of learned counsel for the petitioners is that the informant is son of the deceased and petitioners are Bhabhi, brother and in-laws of his brother and there is no witness to the

Patna High Court Cr.Misc. No.39815 of 2018 (3) dt.03-08-2018 2/2 occurrence and furthermore after seven years the case has been registered under Section 156(3) Cr.P.C. and later on informant has filed a petition that case has been filed due to mistaken of fact. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S.Case No. 153 of 2018, G.R.No. 459 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U