Chandrawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50646 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- EKMA District- Saran ======================================================
1. Chandrawati Devi W/o Bhagwan Jee Sah @ Bhagwan Jee Prasad
2. Vijay Sah S/o late Hari Shankar Sah @ Shankar Sah both are resident of Village - Hansrajpur Purani Bazar, P.S. - Ekma, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-12-2018 Petitioner No. 1 is permitted to correct the husband's name in pursuance of statement made in para 10 of the supplementary affidavit in course of the day. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 205, 193, 467, 468, 471, 120B/34 of the Indian Penal Code. Case of the complainant is that petitioner no. 1 Chandrawati Devi was married with him, however, subsequently, she surreptitiously married with Vijay Singh, the brother of the complainant and just to grab the property of the complainant, she has filed a suit for partition saying that complainant is suffering from mental illness. The complainant has not been made party to the suit knowing well that even insane person has got property right.
Patna High Court Cr.Misc. No.50646 of 2018(3) dt.10-12-2018 2/2 Learned counsel for the complainant opposed the prayer for bail.
Considering the civil nature of dispute, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Ekma Police Station Case No. 73 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T