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Sunita Devi v. The State Of Bihar

Patna HC12 Dec 2018CR. MISC./63803/2018

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What is this about?

The Patna High Court granted bail protection to the petitioner, anticipating arrest in a Maner P.S. case involving alleged cheque forgery and document execution, noting the Magistrate's cognizance despite the police conclusion of a civil dispute.

What did the court decide?

Released on bail on furnishing bonds of Rs. 10,000/- with two sureties upon surrender to the concerned court within four weeks subject to section 438(2) Cr.P.C. conditions.

Sunita Devi Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63803 of 2018

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Arising Out of PS. Case No.-120 Year-2003 Thana- MANER District- Patna

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

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Sunita Devi, Wife of Shiv Kumar Singh, Resident of Jiwarakhantola Colony Darweshpur Uparwar P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 12-12-2018

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Heard learned counsel for the petitioner as well as

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learned Addl. Public Prosecutor for the State.

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Petitioner apprehends her arrest in connection with Maner P. S. case no. 120/2003 registered under sections 420, 467 and 468/34 of the IPC.

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Accusation against the petitioner is that she got executed parcha in respect of a piece of land by making signature of the concerned authority but admittedly, after due investigation, police submitted final form showing civil dispute. However, learned Magistrate differed with the finding of the police and took cognizance of the offence against the petitioner on 22.6.2018.

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The cognizance order has been annexed as annexure 3

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Patna High Court Cr.Misc. No.63803 of 2018(2) dt.12-12-2018 2/2

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to the petition and the aforesaid cognizance order goes to show that learned Magistrate has passed cognizance order in routine manner without mentioning evidence which came against the petitioner in course of investigation.

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Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner is a lady, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sandeep Kumar, Judicial Magistrate, Ist Class, Danapur in Maner P. S. case no. 120/2003 subject to condition as laid down under section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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s.hassan/-

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U T

Sunita Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sunita Devi v. The State Of Bihar

Case brief

What is this about?

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