Suma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10768 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- NAWADA District- Nawada ====================================================== Suma Devi Wife Of Basant Chaudhary R/O Village- Bhadauni, P.S.- Nawada Town, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 467, 468, 471, 504/34 of the Indian Penal Code. The prosecution case as per FIR, is that the informant entered into two agreements for execution of land with the FIR named accused persons including the petitioner and at the time of agreement, the informant paid Rs. 2 lakh as advance. Subsequently, total amount of 16 lakh which was paid by the informant in favour of the accused persons. However, when the informant requested to execute the sale deed in his favour the same was denied by the accused persons.

Patna High Court CR. MISC. No.10768 of 2023(2) dt.04-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is a case of civil in nature for which criminal proceeding has been initiated against the petitioner. If the informant has any documentary poof in respect of his claim, he may agitate the same before the appropriate forum. Other co-accused namely, Nandu Chaudhary has already been granted bail by this Court vide order dated 17.4.2023 passed in Cr. Misc. No. 8700 of 2023 hence, the case of this petitioner stands on similar footing of that of the co-accused. It is further submitted that the petitioner is languishing in judicial custody since 22.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 132 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.10768 of 2023(2) dt.04-05-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T