Patna High CourtCR. MISC./6958/2016bail granted

Punam Kumari v. The State Of Bihar

2016-02-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6958 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -BEUR District- PATNA ======================================================

1. Punam Kumari Wife of Brajesh Sharma Resident of Village- Rustampur P.s Hulasganj District Jehanabad, at Present residing at House of Umesh Singh junior Engineer Mohalla- Harunnagar, P.s Fulwari District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsels for the petitioner, informant and the State.

Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The prosecution case is that the informant paid Rs. 2 lacs for transfer of land to the petitioner but neither money was returned nor sale deed was executed. It is submitted by learned counsel for the petitioner that prior to the lodging of the present case the petitioner lodged Complaint Case No. 1608 of 2015 against the informant levelling accusation under Sections 406, 420, 467, 468, 471 of the Indian Penal Code. The informant has also filed Title Suit No. 450 of 2015 with a prayer for specific performance.

Patna High Court Cr.Misc. No.6958 of 2016 (2) dt.16-02-2016 2/2 It is submitted by learned counsel for the informant that petitioner has cheated Rs. 11 lacs of the informant.

Considering the accusation being levelled in the background of breach of contract for which the specific performance suit is already pending and the petitioner being lady, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Beur P.S. Case No. 77 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T