Juhi Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6731 of 2020 Arising Out of PS. Case No.-722 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== JUHI GUPTA Wife of Harendranath Gupta @ Pinku Resident of Village - Naya Bazar, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Vijay Ranjan Thakur Son of Late Ganga Thakur Resident of Mohalla - Purani Gudari, Arya Samaj Road, Ward No. 09, P.S.- Bettiah Town, DistrictWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner apprehends his arrest in a case registered under Sections 420, 467, 468, 406 of the Indian Penal Code and 138 N.I. Act.

Informant has alleged in his written complaint that on 06.01.2019, petitioner alongwith her husband and her brother came to his house and offered to sell her house in order to liquidate market debt and as such she want to sell her house at the considered amount of Rs. 40 lacs. Informant gave Rs. 30 lacs to them between January to April 2019 after arranging the cash from different sources. After some time, elder brother of

Patna High Court CR. MISC. No.6731 of 2020(4) dt.01-02-2021 2/2 petitioner came to the house of informant and stated that he had already entered into an agreement to purchase the said house, then informant asked them to return the money. Petitioner returned Rs. 2 lacs in cash, her husband gave a cheuqe of Rs. 15 lacs and co-accused Sukhsagar Prasad gave a cheque of Rs. 10 lacs. but, both the cheques were dishonoured due to insufficient fund. When he went to her house, he came to know that they have taken money from many persons in name of selling their house and thereafter absconded.

It has been submitted on behalf of petitioner that she is innocent and has been falsely implicated in this case. The case is of civil nature. Petitioner has neither given any cheque to the informant nor she own any money to the informant. Considering the nature of allegation against petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly this application is dismissed.

(S. Kumar, J) veena/- U T