High Court Patna High Court - Orders

Sushila Devi & Anr. vs The State Of Bihar on 16 September, 2011

Patna High Court – Orders
Sushila Devi & Anr. vs The State Of Bihar on 16 September, 2011
                  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
2

Criminal Procedure.

Md.S.                             ( Ashwani Kumar Singh, J.)