IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31255 of 2011 1.Sushila Devi wife of Devanand Paswan, Mukhia Gram Panchayat Raj Hathwara, P.S.- Falka, Distrcit-Katihar 2.Devanand Paswan son of Jharilal Paswan Both residents of village-Phuldobhi, P.S.-Falka, District-Katihar. Versus The State of Bihar -----------
2. 16.9.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case in which cognizance for the offence punishable under section
406 of the Indian Penal Code has been taken.
It is stated that petitioner no.1 is a Mukhiya and
petitioner no.2 is her husband. There is no allegation of any
inducement on the part of the petitioners. The story of payment of
amount seems to be improbable. The complainant is not consistent
in his statement on solemn affirmation and witnesses examined
under section 202 of the Cr.P.C. are also not consistent.
Taking into consideration the aforesaid facts. let the
petitioners, namely, Sushila Devi and Devanand Paswan in the event
of their arrest or surrender before the court below within a period of
four weeks from the date of receipt/communication of the order be
released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Katihar in
connection with Complaint Case No.1784 of 2010 subject to the
conditions as laid down under section 438(2) of the Code of
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Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)