Patna High Court - Orders
Saro Devi & Ors vs State Of Bihar on 4 February, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21238 of 2010
SARO DEVI & ORS
Versus
STATE OF BIHAR
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3. 04.02.2011Despite notice and the name of the lawyer appearing, lawyer for complainant is not present, heard the petitioner. The petitioners apprehend arrest in connection with Pakaribarawan P. S. Case No. 129 of 2009.
The allegations in the F.I.R is that the complainant and the petitioners are agnates, complainant recently came to know that in the year 1997, the petitioners created a false gift deed on basis of which they want to deprive the complainant of his rightful share in the joint family properties on behalf of petitioners. It is submitted that a reference to a complaint itself would show that as between the parties there is already a partition Suit pending in which this very property is a subject matter. The complainant instead of waiting for decision of partition Suit has filed a present case only to pre-empt any finding in the suit that is pending.
Be that as it may, in the event of his arrest or surrender, above named petitioners shall be released on bail on furnishing bail bond of Rs 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M Nawada in Pakaribarawan P. S. Case No.129 of 2009, subject to the conditions, as laid down under section 438(2) Cr. P.C. Namita ( Navaniti Prasad Singh, J.)