Patna High Court - Orders
Sangita Singh @ Sangita Devi & Anr. vs The State Of Bihar on 4 December, 2014
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21109 of 2013
Arising Out of PS.Case No. -153 Year- 2008 Thana -CHAPRA CITY District- SARAN
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1. Sangita Singh @ Sangita Devi W/O Sunil Kumar Singh R/O Mohalla-
Katharibag, P.S.- Chapra Town, Dist.- Saran
2. Sunil Kumar Singh S/O Late Suresh Singh R/O Mohalla- Katharibag,
P.S.- Chapra Town, Dist.- Saran
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Yadav, Advocate
For the Opposite Party/s : Mr. J.K.Singh, APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
16 04-12-2014Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 120B, 467, 468, 471, 412, 420 IPC registered in connection with Chapra Town P.S. Case No. 153 of 2008.
3. It is submitted that the petitioner has been falsely implicated as it is the informant himself who has obtained the housing loan from the Punjab National Bank, Chapra. The accusations are highly improbable as admittedly the petitioner No. 2 himself is the guarantor for the loan. It is further submitted that the informant could have basis for any Patna High Court Cr.Misc. No.21109 of 2013 (16) dt.04-12-2014 2 suspicion that the lock of his house had been opened with a duplicate key and that the petitioners had stolen two deeds from the informant's room for fraudulently getting the said housing loan. It is further pointed out from the judgment dated 30.10.2012 passed in O.A. Case No. 132 of 2011 by the Debts Recovery Tribunal, Patna that the informant and his wife had submitted several documents with their application for obtaining the housing loan such as sanctioned construction plan of the house, certified copy of the Zamabandi Correction Case No. 2 of 2004-05, Rent Receipts, returns of income tax etc, all of which documents would not have possibly been furnished by the petitioners.
4. Learned APP assisted by learned counsel for the informant appearing suo motu has been heard, who opposes the anticipatory bail petition.
5. Having regard to the entirety of the facts and circumstances of the case and at the same time also being mindful of the opinion in H.W. 59 of 2014 from the Police Laboratory, C.I.D., Bihar, Patna this Court is of the view that the petitioners deserve the privilege of anticipatory bail. Accordingly, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of Patna High Court Cr.Misc. No.21109 of 2013 (16) dt.04-12-2014 3 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 153 of 2008, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J)
Chandran
U T