Patna High CourtCR. MISC./68929/2018bail granted

Uma Devi v. The State Of Bihar

2018-12-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68929 of 2018 Arising Out of PS. Case No.-203 Year-2016 Thana- PHULWARISHARIF District- Patna ====================================================== Uma Devi, wife of Mahabir Pandit, Resident of Village - Sabajpura, Kumahartoli, Post-Khagaul, P.S.-Phulwarisharif, Distt.-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Phulwarisharif (Patna) P.S. Case No.203 of 2016 registered under Sections 467, 468, 471, 420, 504, 506 and 323 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the entire allegations made by the informant is baseless and false. Though the informant claims to have paid rupees forty lacs in cash in three installments of rupees twenty lacs, ten lacs and ten lacs respectively, there is no documentary proof in this regard. The entire allegation is based on ocular allegation made by the informant. He further contended that the alleged agreement for sale is also a forged and fabricated document, which was never

Patna High Court Cr.Misc. No.68929 of 2018(2) dt.19-12-2018 2/2 signed by the petitioner, who is a lady aged about seventy years. Learned counsel for the State has opposed the application for grant of pre-arrest bail.

Considering the submissions made above as also that, at best, it is a case of breach of agreement, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub.Judge-XV, Patna in connection with Phulwarisharif (Patna) P.S. Case No.203 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T