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Justice Rajiv Roy observed that the daughter and the grandson had breached the faith of the elderly woman, who was surviving on her late husband s pension and is now at the mercy of her children for her day-to-day needs. Taking into account the submissions and Justice Rajiv Roy observed that the daughter and the grandson had breached the faith of the elderly woman, who was surviving on her late husband s pension and is now at the mercy of her children for...
Justice Rajiv Roy observed that the daughter and the grandson had “breached the faith” of the elderly woman, who was surviving on her late husband’s pension and is now at the “mercy” of her children for her day-to-day needs.
“Taking into account the submissions and the manner in which the petitioners (daughter and grandson) breached the faith of the old lady, who unfortunately is the mother of petitioner number 2, the pension amount of her late husband having been reduced to nil in the bank account, she is now at the mercy of her son/daughter for her day-to-day living, this takes the court to only one conclusion that the petitioners do not deserve relief,” the August 18 order read.
The high court was hearing anticipatory bail applications filed by the daughter and grandson, who apprehended arrest in connection with a complaint filed by the elderly woman under Section 303(2) of the Bharatiya Nyaya Sanhita (theft).
It was further alleged that the daughter had registered their own mobile number with the elderly woman’s bank account, because of which she did not receive messages about the withdrawals. She subsequently learnt about the transactions and filed the complaint.
The daughter and grandson were represented by advocate Bimlesh Kumar Pandey, who argued that the woman had gone to her daughter’s house voluntarily as she was ill and was provided medical treatment there. It was further submitted that regular withdrawals had been made and that the elderly woman’s son had conspired with his wife and forced her to file the complaint.
On the other hand, advocate Dhaneshwar Prasad Gupta, appearing for the complainant, referred to the sessions court’s order and argued that the accused had withdrawn the entire amount after registering their own mobile number in the bank account. He submitted that the elderly woman came to know about the withdrawals only after receiving her bank statement.
He further alleged that the accused took advantage of her old age and obtained her thumb impression on the pretext of submitting her life certificate.
The Patna High Court ultimately rejected the anticipatory bail plea of the woman and her son. The woman’s husband, who was also a petitioner, had already been arrested, and his plea was withdrawn.
Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More