Patna High Court - Orders
Vidyawati Devi & Ors vs State Of Bihar & Anr on 29 January, 2016
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47985 of 2015
Arising Out of PS.Case No. -519 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District-
EASTCHAMPARAN(MOTIHARI)
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1. Vidyawati Devi ,W/o Gudari Thakur @ Baidyanath Thakur,
2. Brij Kishore Thakur @ Brijkishore , S/o Gudari Thakur @ Baidyanath
Thakur
3. Hari Kishore Thakur, S/o Gudari Thakur @ Baidyanath Thakur
4. Abhay Kumar, S/o Basishtha Thakur, P.S. - Kotwa, all resident of Vill.
- Kotwa, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanti Devi W/O Shyamkant Thakur, of vill- Madhubani Tiwary Tola,
P.S. Sangrampur, Dist. East Champaran.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar
For the State : Mr. Sanjay Kumar ,APP.
For the Informant : Mr. Sanjeev Kumar
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
3 29-01-2016Heard.
The petitioners apprehend their arrest in a criminal prosecution, based on a complaint petition, for the offences under Sections 406,420,467,468,471, 192,195 and 120B of the Indian Penal Code.
The learned counsel appearing on behalf of the petitioners submits that originally, the complainant had filed a petition of complaint, on which basis, a regular F.I.R was lodged by the local police in terms of Section 156(3) Cr.P.C, but on close of investigation, the entire prosecution case was found to be false and accordingly, the final report, vide Annexure-2 was submitted. However, on the basis of protest petition filed on behalf of the complainant, cognizance has been taken by the learned Court Patna High Court Cr.Misc. No.47985 of 2015 (3) dt.29-01-2016 2/2 below. Therefore, petitioners apprehend their arrest.
By an order dated 15.10.2015 passed by a Bench of this Court, notice was issued to the complainant, who has now entered appearance through her counsel. The learned counsel appearing on behalf of the Opposite party no. 2 submits that the matter has been compromised between the parties.
In the aforesaid facts and circumstances, the prayer for anticipatory bail is allowed.
In the event of their arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. Case No. 519 of 2013/ Tr. No. 6005 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C (Birendra Prasad Verma, J) BTiwary/Brajesh-III U T