Allowed

Chania Devi and Ors. v. State Of Bihar and Anr.

Patna HC24 Aug 2016CR. MISC./29186/2016

Case brief

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What is this about?

The High Court at Patna granted anticipatory bail to six petitioners in a criminal complaint case alleging cheating by selling land to repay bank dues, conditioned on appearance within four weeks and furnishing of a bail bond.

What did the court decide?

Petitioners be released on bail if arrested/surrender within four weeks by furnishing a bond of Rs.10,000 each with two sureties of like amount.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29186 of 2016

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Arising Out of PS.Case No. -1754 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR)

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====================================================== 1.Chania Devi, W/o Sri Ranglal Mahto

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2.Binay Mahto, S/o Sri Ranglal Mahto

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3.Munakia Devi, W/o Sri Ram Shankar Mahto

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4.Indu Devi, W/o Sri Gajendra Mahto 5.Gajendra Mahto, S/o Ram Dhyan Mahto 6.Bishwanath Mahto, S/o Sri Gyani Mahto All R/o village- Khainatta, P.S.- Vaishali, District- Vaishali

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.... .... Petitioners Versus

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1.State of Bihar

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2.Ranglal Mahto, S/o late Aklu Mahto, R/o village-Khainautta, P.S. & District- Vaishali

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.... .... Opposite Parties

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====================================================== Appearance :

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For the Petitioners : Mr. Niraj Kumar, Advocate For the Opposite Parties : Mr. Rana Randhir Singh (APP)

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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3 24-08-2016 Heard the counsel for the petitioners and Mr. Rana Randhir Singh, APP for the State.

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The petitioner(s) herein seek anticipatory bail in

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complaint case no. C1-1754 of 2014 registered under Sections 420,467,468,120B of the Indian Penal Code.

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Petitioner no.1 and 2 are the wife and son respectively of the complainant. The allegation is that the land belonging to the complainant was sold by them in favour of other accused(s) persons, who are petitioner no.3 and 4 herein. Petitioner no.5 and 6 are said to be the attesting witness and identifier of the document.

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Patna High Court Cr.Misc. No.29186 of 2016 (3) dt.24-08-2016

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2/2

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It has been submitted by the petitioners that the complainant along with the son (petitioner no.2) were the loanees of the bank for purchase of tractor. They were running in default. The bank was pressurizing upon them for realization of dues. In these backgrounds, the subject land was transferred and the proceeds thereof was deposited in the bank towards satisfaction of the outstanding dues of the bank. The petitioner no.1 and 2 being wife and son of the complainant have defined or undefined share in the property.

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Considering the facts and circumstances, let the petitioner(s) above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1^st Class, Vaishali at Hajipur in Complaint Case No. C1-1754 of 2014 subject to the condition that one of the bailors shall be their own/close family members. The petitioner(s) shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

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(Kishore Kumar Mandal, J.)

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ravi/U

Chania Devi and Ors. v. State Of Bihar and Anr.

Case brief

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Chania Devi and Ors. v. State Of Bihar and Anr.

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