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Patna High CourtCR. MISC./913/2020bail granted

Usha Singh v. The State Of Bihar

2020-02-25Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.913 of 2020 Arising Out of PS. Case No.-4 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

USHA SINGH W/o Arun Kumar Singh R/o village- Madhessara @ Bhutahi, P.S.- Sonbarsa, District- Sitamarhi 2.

Arun Kumar Singh S/o Ram Pavitera Singh @ Ram Pavitar Singh R/o village- Madhessara @ Bhutahi, P.S.- Sonbarsa, District- Sitamarhi 3.

Jitendra Singh S/o Ram Sevak Singh R/o village- Madhessara @ Bhutahi, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sonbarsa P.S. Case No.4 of 2019 registered for the offence punishable under sections 419, 420, 406, 467, 468, 120B and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the accused persons are said to have sold the land falling in the share of the informant to third person.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.913 of 2020(2) dt.25-02-2020 2/3 that of the three petitioners, petitioner no.2 happens to be the son of the informant while petitioner no.1 is the wife of petitioner no.2. It is further submitted that the petitioner no.3 happens to be the nephew of the informant. As per the allegation, after partition in the family, the petitioners are stated to have executed sale deed wherein the petitioner no.3 was a witness. It is further submitted that from the allegation itself, it would be evident that the matter is purely property/civil dispute amongst the family members and the petitioners have no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today in the event of their arrest or surrender in connection with Sonbarsa P.S. Case No.4 of 2019, they will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, subject to the condition as laid down under section

Patna High Court CR. MISC. No.913 of 2020(2) dt.25-02-2020 3/3 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J.) amit/- U T