Lal Bahadur Bhagat vs State Of Bihar on 22 December, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.31708 of 2010
                    RAM SUBHAG TIWARI @ RAM SUBHAG BHAGAT, SON OF
                    LATE JAG DAYAL TIWARY, RESIDENT OF VILLAGE
                    BISHUNPURA, P.S. UDWANT NAGAR, DISTRICT BHOJPUR,
                    ARA(BIHAR).
                                    Versus
                           THE STATE OF BIHAR .
                                     With
                          Cr.Misc. No.34137 of 2010
                    LAL BAHADUR BHAGAT, SON OF RAMASHISH BHAGAT,
                    RESIDENT OF VILLAGE BISHUNPURA, P.S. UDWANT NAGAR,
                    DISTRICT BHOJPUR, ARA(BIHAR) .
                                    Versus
                           THE STATE OF BIHAR .
                                   -----------

04. 22.12.2010 Heard learned counsel for the petitioners and the

State.

Petitioners are apprehending their arrest in

connection with a complaint case registered for the

offences under Sections 420, 467,468, 471, 120B/34 of

the Penal Code. They are named in the complaint along

with four others, including Brij Nandan Tiwary and his

wife Kalawati Devi, who are alleged to have defrauded the

complainant of the amount deposited by her father for

the benefit of the complainant by cleverly removing the

photograph, which was attested by petitioner Ram

Subhag Tiwari @ Ram Subhag Bhagat. It is submitted on

behalf of the petitioners that Kalawati Devi has agreed to

pay back the amount and such fact is noted in the order

of the Sessions Judge.

In view of the aforesaid submission of the
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counsel for the petitioners, let petitioners named above

ensure appearance of Kalawati Devi and her husband

Brij Nandan Tiwary in the court below within 45 days

from the date of receipt of this order in the court below

and ensure refund of the amount to the complainant and

thereafter be admitted to the privilege of bail on

furnishing bail bonds of Rs.5,000/- (Five thousand) each

with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in

connection with Complaint Case No.1926(C) of 2008,

Bihian P.S. Case No.78 of 2009, subject to the conditions

as laid down under Section 438(2) of the Cr.P.C. Until

expiry of 45 days from the date of receipt of this order in

the court below, no coercive steps be taken against the

petitioners.

(V.N. Sinha, J.)
Rajesh/