Priti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8775 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== PRITI KUMARI SON OF SURENDRA KUMAR R/O-GHUGHARITARHN, BYEPASS ROAD, NEAR S.B.I/A.T.M., P.S.-VISHNUPAD, DISTT.-GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Prasad Sinha For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends her arrest in connection with Vishnupad P.S. Case No. 179 of 2023, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code & 138 of N.I. Act.
3. As per allegation, due to dire need of money the husband of the petitioner expressed his desire to the informant to sell his land admeasuring 2720 square feet. The total price of this land was fixed at rupees one crore fifteen lakh. The informant decided to buy it, therefore, he paid Rs. 4,00,000/- as advance and an agreement was also made, on which it was written that the land would be registered after paying the full amount within a year. On 25.02.2022, the informant gave Rs. 3,00,000/- to the petitioner. It is further alleged that after few days, the informant came to know that the
Patna High Court CR. MISC. No.8775 of 2024(2) dt.20-02-2024 2/2 petitioner and her husband had sold the said land to someone else for a higher amount. When the informant asked for his money, the husband of the petitioner gave a cheque of rupees four lakh which was dishonored by the bank twice.
4. Learned counsel for the petitioner has submitted that the petitioner is not party to the transaction. She has been made accused merely because she is wife of Surendra Kumar against whom there is allegation of embezzlement of money. It was coaccused Surendra Kumar who gave a cheque of Rs. 4 lakh to the informant which was dishonored by the bank. He has further submitted that the petitioner is a lady of clean antecedent.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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 C.J.M., Gaya in connection with Vishnupad P.S. Case No. 179 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) SONALI/- U T