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Shobha Devi v. The State of Bihar

Patna HC12 Aug 2020CR. MISC./19769/2020

Case brief

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What is this about?

The High Court granted anticipatory bail to the petitioners in an IPC case alleging execution of fictitious documents regarding a gift deed and will. The petitioners will be released upon arrest/surrender by furnishing bail bonds and complying with conditions under Section 438(2) CrPC.

What did the court decide?

Petitioners released on bail on furnishing bonds of Rs 10,000 each with two sureties upon arrest/surrender within six weeks.

Shobha Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19769 of 2020

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Arising Out of PS. Case No.-331 Year-2019 Thana- PIPRA District- East Champaran

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

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SHOBHA DEVI Wife of Shri Janardan Pandey

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Janardan Pandey Son of Late Ram Chandra Pandey Both are resident of Village - Bediban Madhuban, P.O. - Bediban Madhuban, Via - Damodarpur, P.S. - Pipra, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Shri Prakash Srivastava, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 12-08-2020

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Heard learned counsel for the petitioners as well as

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learned Additional Public Prosecutor for the State .

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Petitioners apprehend their arrest in connection with

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Pipra P.S. Case No. 331/2019 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

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Initially, the informant filed complaint petition, which was converted into the above stated Pipra P.S. Case No. 331 of 2019.

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The claim of the informant is that one Ramnarayan Pandey had executed gift deed in favour of wife of the complainant and after two days of the execution of the aforesaid gift deed, the said Ramnarayan Pandey died but, subsequently,

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Patna High Court CR. MISC. No.19769 of 2020(2) dt.12-08-2020 2/3

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Ramkali Kuwar got executed a deed of Will in favour of petitioner No. 1 showing herself as wife of the aforesaid Ramnarayan Pandey. The claim of the informant is that Ramnarayan Pandey was unmarried and, as a matter of fact, the petitioners got executed a fictitious documents.

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Learned counsel appearing for petitioners submits that deceased Ramnarayan Pandey was married and Ramkali Kuwar was wife of Ramnarayan Pandey. He, further, points out that after execution of sale deed, petitioner No. 1 filed probate case and the competent court probated the Will but after near about six years, the informant filed revocation petition before the concerned court. He, further, submits that without proper trial, it is difficult to say that Ramkali Kuwar was not the wife of the deceased Ramnarayan Pandey.

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Although, the learned Additional Public Prosecutor opposed the prayer for anticipatory bail, but considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners, in the event of their arrest/ surrender within six 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) each with two sureties of the like amount each to the satisfaction of learned Chief

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Patna High Court CR. MISC. No.19769 of 2020(2) dt.12-08-2020 3/3

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Judicial Magistrate, Motihari, East Champaran in Pipra P.S. Case No. 331/2019 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

Shobha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shobha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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