Allowed

Jaya Devi @ Mos. Jaya Devi v. The State Of Bihar

Patna HC21 Dec 2018CR. MISC./76446/2018

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail petition filed by a 75-year-old widow accused of offences under Sections 420, 406, 467, 468, and 471/34 IPC. The petitioner was only a witness to the execution of a sale deed. The court conditioned bail on surrender and furnishing a bond with sureties.

What did the court decide?

Petitioner allowed anticipatory bail, ordered to surrender within four weeks and release on bail by furnishing bond of Rs 10,000 with two sureties.

Jaya Devi @ Mos. Jaya Devi Vs The State Of Bihar — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.76446 of 2018

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Arising Out of PS. Case No.-124 Year-2017 Thana- KASBA District- Purnia

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

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Jaya Devi @ Mos. Jaya Devi, Wife of late Kritya Nand Bishwash Resident of Village- Simariaya, P.S. Kaswa, District- Purnea.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Mallick For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 21-12-2018

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Heard learned counsel for the petitioner as well as

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learned Additional Public Prosecutor for the State.

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Petitioner apprehends her arrest in connection with

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Kasba P.S. Case No. 124/2017 registered for the offences punishable under Sections 420, 406, 467, 468 and 471/34 of the Indian Penal Code.

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Petitioner is not named in the first information report but in course of investigation it came to light that she is stepsister of F.I.R. named accused Nibha Devi @ Renu Kumari and she had witnessed the execution of sale deed dated 17.9.2015.

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Learned counsel appearing for the petitioner submits

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that petitioner is a widow lady aged about 75 years and even if the prosecution story assumed to be true, then also, she is only witnessed the execution of the sale deed and she had never endorsed the title of the aforesaid co-accused Nibha Devi @

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Patna High Court Cr.Misc. No.76446 of 2018(2) dt.21-12-2018 2/2

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Renu Kumari in respect of the land in question.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of the allegation levelled against the petitioner, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in Kasba P.S. Case No. 124/2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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Spd/-

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U T

Jaya Devi @ Mos. Jaya Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jaya Devi @ Mos. Jaya Devi v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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