Shail Devi @ Shail Maharani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49357 of 2018 Arising Out of PS.Case No. -524 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Shail Devi @ Shail Maharani, Wife of Late Ganesh Maharaj resident of Village Sansarpur, P.S.- Muffasil, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Khagaria (Muffasil) P.S.Case no.524 of 2017 dated 3.8.2017 G.R.No.2229 of 2017 arising out of Complaint Case No.110C of 2017 dated 7.2.2017 , registered for offences punishable under Sections 384, 420, 468, 471, 504 and 120(B) of the Indian Penal Code.
Allegation against the petitioner as per FIR is that impersonating Shail Maharani she executed sale deed to the other accused persons and when they came to vacate the same they demanded rangdari.
Submission of the learned counsel for the petitioner is that the petitioner is Shail Devi and not Shail Maharani and she has been falsely implicated in this case.
Heard learned A.P.P. and the learned counsel for the
Patna High Court Cr.Misc. No.49357 of 2018 (2) dt.28-08-2018 2/2 informant. They have opposed the prayer for bail stating that the petitioner has sold the land and after enquiry the District Magistrate has ordered for lodging a case..
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with - Khagaria (Muffasil) P.S.Case no.524 of 2017 dated 3.8.2017 G.R.No.2229 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T