Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4626 of 2024 Arising Out of PS. Case No.-409 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Shail Devi Wife Of Ram Deo Lal Das Resident Of Village - Pandaul, Tole - Kamarpur, Police Station - Pandaul, District - Madhubani ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Abhishek Kumar Sah Son Of Bablu Sah Resident Of Village - Nande Nagar Mahasethi Pokhar, Ward No.29, Bhauara, Police Station - Nagar, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the State :

Mr. Brajendra Nath Pandey, APP For the Complainant :

Mr. Shubham Kumar, Advocate Mr. Nishant Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 341, 323, 406/34 of IPC. 3.

As per prosecution case, the allgeation against the petitioner along with other co-accused person is that they have taken Rs.1,00,000/- as consideration money from the complainant in lieu of registration of land, but not registered the same. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. The allegation leveled against

Patna High Court CR. MISC. No.4626 of 2024(5) dt.13-12-2024 2/2 the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner has not taken any amount from the complainant and this fact is not denied by the learned counsel for the complainant. It is further submitted that it is a civil nature dispute between the parties. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State and learned counsel for the complainant opposed the prayer for bail and submit that the petitioner is also involved in the present case. 6.

Having regard to the facts and circumstances of the case and nature of offence, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with C.R. Case No.409 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T