Allowed

Lalita Devi and Anr. v. The State Of Bihar

Patna HC16 Jun 2016CR. MISC./24931/2016

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail petition filed by Lalita Devi and Yugal Kishore Verma regarding charges of cheating and forgery. The court noted the informant failed to examine his brother who was allegedly jointly involved in the transaction. Bail was granted subject to bonds and conditions.

What did the court decide?

Anticipatory bail allowed and order passed for release on bail on furnishing bonds of Rs 10,000/- each with two sureties of the like amount each.

Lalita Devi and Anr. Vs The State Of Bihar — Cheating and Forgery | Patna HC (2016)

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Patna High Court Cr.Misc. No.24931 of 2016 (2) dt.16-06-2016

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24931 of 2016

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Arising Out of PS.Case No. -69 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== 1. Lalita Devi Wife of Yugal Kishore Verma 2. Yugal Kishore Verma Son of Late Sital Verma Both are resident of Purani Bazar Chitranjan Road, P.S. & District Lakhisarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s Mr. Anzarul Haque Saharn(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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02/ 16.06.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

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Originally, informant filed complaint case which was converted into Lakhisarai P.S. Case no. 69/2016 registered for the offences punishable under sections 420, 467, 468, 406, 323, 379, 504 and 506 of the Indian Penal Code.

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Informant claims that petitioners purchased sesam trees and assured to make payment after selling the aforesaid sesam trees but even after lapse of several months, they did not make payment of the sesam trees and when the informant demanded his money, he was assaulted and abused.

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Submission on behalf of the petitioners is that the above stated sesam trees was jointly sold by the informant as

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Patna High Court Cr.Misc. No.24931 of 2016 (2) dt.16-06-2016

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well as his brother, Shilendra Kishore Singh and, as a matter of

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fact, time to time both brothers received money and accordingly, petitioners had already paid to the cost of the aforesaid sesam trees to the informant as well as his brother but the informant started demanding more money and gave threatening to the petitioners for which petitioner no.1 filed complaint case bearing Complaint case no. 649C/2015 which was converted into Lakhisarai P.S. Case no. 70/2016 and after filing of the aforesaid complaint case, informant filed complaint case which was converted into police case.

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Learned counsel appearing for the informant opposes the prayer pointing out that annexure 2 which is said to be a document of agreement between the parties and on the back of the aforesaid document, payment said to be made does not show that any amount was received by the informant as there was no signature of the informant at the time of so-called payment.

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It is not in dispute that the informant and his brother had sold sesam trees but it is surprisingly enough that the informant’s brother has not been shown as witness in complaint case which had been filed by the informant and it is fairly conceded by the parties that in course of investigation, informant’s brother was not examined by the I.O.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender

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Patna High Court Cr.Misc. No.24931 of 2016 (2) dt.16-06-2016

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within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S. Case no. 69/2016 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T

Lalita Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lalita Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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