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Patna High Court - Orders

Kiran Devi vs The State Of Bihar on 10 December, 2019

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80583 of 2019
                        Arising Out of PS. Case No.-22 Year-2016 Thana- GOGRI District- Khagaria
                 ======================================================
           1.     Kiran Devi W/o Narad Yadav Resident of Village- Paura, P.S.- Gogri (Paura
                  O.P.), District- Khagaria.
           2.    Narad Yadav S/o Late Subhuk Yadav Resident of Village- Paura, P.S.- Gogri
                 (Paura O.P.), District- Khagaria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Kumar
                 For the Opposite Party/s :       Mr.Akhileshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

2   10-12-2019

This is an application for grant of anticipatory bail in connection with Gogri P.S. Case No. 22 of 2016 registered for the offences punishable under Sections 467, 468, 471, 120B of I.P.C.

As per F.I.R., there is allegation against the petitioners is that they got sale deed of Math land executed in their favour. As on today with respect to the Math land stated to be taken by Mahanth Lalmani Goswami who has already died and his Shradh has also been performed and as such petitioners were involved in grabbing land of the Math.

Submission of learned counsel for the petitioner is that after two years the present case has been lodged and so far Patna High Court CR. MISC. No.80583 of 2019(2) dt.10-12-2019 2/2 as the petitioner no. 2 is concerned, there is no allegation against him.

Heard A.P.P. also and perused the record from which it appears that petitioner no. 2 is the husband of petitioner no.1 and there is specific allegation against the petitioners.

In view of the facts and circumstances of the case and the allegation levelled against the petitioners, I am not inclined to grant the privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below and make prayer for regular bail, which shall be considered by the learned trial court without being prejudiced by order of this Court, if possible to be disposed of on the same day.

With the aforesaid, this application is dismissed.

(Vinod Kumar Sinha, J) Rahul Mishra/-

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