Kanti Devi @ Kiran Devi @ Kiran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4984 of 2019 Arising Out of PS. Case No.-55 Year-2017 Thana- KOILWAR District- Bhojpur ====================================================== KANTI DEVI @ KIRAN DEVI @ KIRAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Koilwar P. S. Case No.55 of 2017, registered for offences punishable under Sections 419, 420, 406, 468, 471 and 120B/34 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is that the complainant, who was Director of Usha Complete Wire and Keval Company, for purchasing of the land in favour of the company, one accused Ajay Kumar Singh got several sale deed executed for which he himself witness and thereafter, the petitioner met with one lady named, Kanti Devi and introduced her as wife of one Baliram Sharma and shows the paper of land and complainant paid as advance of Rs. One lac and cheque of three lacs and fifty thousand of Panjab National Bank has taken

Patna High Court CR. MISC. No.4984 of 2019(3) dt.12-03-2019 2/3 for registry of land on 07.09.2016 and later on, two lacs fifty thousand in cash from the complainant but later on he came to know that Ajay Kumar Singh putting some other person in place of actual person, executed sale deed and misappropriated the whole amount.

Submission of the learned counsel for the petitioner is that he has not taken a single penny from the informant/ complainant and the same has been given to one Ajay Kumar Singh but he was unaware of the occurrence and co-accused Ajay Kumar Singh has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.01.2018 passed in Cr. Misc. No. 3214 of 2018 and entire allegation of cheating is against Ajay Kumar Singh and the petitioner has no criminal antecedent.

Heard learned A.P.P. , who opposes the prayer for bail.

Having considered the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of six weeks from the date of receipt of order and make prayer for regular bail, which will be

Patna High Court CR. MISC. No.4984 of 2019(3) dt.12-03-2019 3/3 considered by the learned court below on its own merit without being prejudiced by this order of this Court and if possible to be disposed of on same day.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) sudha/- U T