Allowed

Niva Kumari and Anr. v. State Of Bihar and Anr.

Patna HC18 May 2018CR. MISC./28503/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted anticipatory bail to two petitioners arrested from a complaint case involving alleged forgery and cheating. The court found the matter to be a civil dispute and directed release upon furnishing a bail bond and sureties.

What did the court decide?

The prayer for anticipatory bail is allowed, and the petitioners shall be released on bail upon surrendering within six weeks and furnishing a bond with sureties.

Niva Kumari and Anr. Vs State Of Bihar and Anr. — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28503 of 2018

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Arising Out of PS. Case No.-689 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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======================================================

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Niva Kumari Wife of Ranjeet Rai Resident of Village+P.S. Mohiuddinnagar, District- Samastipur.

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Rupam Kumari wife of Dharmendra Rai Resident of VillageKursaha, P.S. Mohiuddinnagar, District Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Premshila Devi W/o Yugeshwar Rai R/o Village- Kursaha, P.S. Mohiddin Nagar, District- Samastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 18-05-2018

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Heard learned counsel for the petitioners and learned APP

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for the State.

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Petitioners apprehend their arrest in complaint case no. 689 of 2017 instituted for the offence under Section(s) 420,323, 342, 504 and 506/34 of the Indian Penal Code.

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In the complaint petition, it is alleged that petitioner no.1 has executed a sale deed on 27.3.2017 in favour of the petitioner no.2 with respect to the land which belonged to the grand-son of the complainant. It is further alleged that aforesaid sale deed is forged one.

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From the nature of allegation made in the complaint petition, this Court finds that it is a matter of civil dispute.

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Patna High Court Cr.Misc. No.28503 of 2018(2) dt.18-05-2018 2/2

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In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint case no. 689 of 2017, Tr. no. 1135 of 2017 they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Niva Kumari and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Niva Kumari and Anr. v. State Of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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