Kumari Punam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6654 of 2024 Arising Out of PS. Case No.-333 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Kumari Punam Wife Of Laxman Ram Resident Of Village - Pokhra, P.S. - Kotwa, District - East Champaran, At Present Principal, Kanya Madhya Vidyalaya, Pokhara, Block - Kotwa, District - East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the State :

Mr. Pramod Kumar Pandey, A.P.P.

For the Informant :

Mr. Sakshi Snehi, Advocate Mr. Gunjan Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420, 408, 409, 120(B) of the Indian Penal Code.

3. As per prosecution case, this petitioner took Rs. 12,10,000/- from the informant for registry of the land but despite taking the consideration money, she did not execute the sale deed.

4. Learned counsel for the petitioner denies the prosecution case and submits that petitioner is only alleged to be the mediator. Petitioner is neither purchaser nor seller of

Patna High Court CR. MISC. No.6654 of 2024(5) dt.13-05-2024 2/3 the land in question and she is not the beneficiary of the alleged transaction. However, without admitting the guilt, petitioner is ready to pay Rs. 89,000/- (Rs. Eighty Nine Thousand) to the informant.

5. Learned counsel for the informant does not dispute the contention made on behalf of the petitioner.

6. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Motihari, East Champaran in connection with Kotwa P. S. Case No. 333 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 89,000/- (Rs. Eighty Nine Thousand) in the Nazarat at the time of furnishing bailbond, failing which, the learned court below would be at liberty to cancel the bail-bond.

7. It is made clear that without going into the merit of

Patna High Court CR. MISC. No.6654 of 2024(5) dt.13-05-2024 3/3 the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T