Maya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2806 of 2020 Arising Out of PS. Case No.-212 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Maya Devi W/o Late Vakil Sharma Resident of At- Saraiya, P.S.- Hussain Ganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the parties.

The petitioner apprehends her arrest in Hussainganj P.S. Case No. 212 of 2019 (arising out of Complaint Case No. 669 of 2019) registered for the offence under Sections 420, 467, 468 of the Indian Penal Code.

The allegation against the petitioner is that he sold 21⁄2 katha of land to complainant in the year 2014 on payment of Rs. 2,50,000/- (Two lacs & fifty thousand), but the same was already sold by petitioner to some other person. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. It is further submitted that the alleged sale-deed was executed on 05-06-2014 and complaint petition was filed in the month of July, 2019 i.e. after lapse of more than five years and there is no explanation for the same. It is further submitted that petitioner has committed no

Patna High Court CR. MISC. No.2806 of 2020(2) dt.27-02-2020 2/2 offence. In fact, to digest the remaining amount of sale-deed, which was due at the time of registration, the present case has been filed. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Hussainganj P.S. Case No. 212 of 2019 (arising out of Complaint Case No. 669 of 2019) on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T