Supriya Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21085 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SUPRIYA BHARTI Daughter of Late Ram Bilash Prasad, Wife of Mukesh Kumar Resident of Village - Gopi Bigha, P.S. Magadh Medical College, District - Gaya.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priya Ranjan S/o- Sri Rajballabh Singh R/o Moh- Lakhibagh Gulabbag, P.S. Moffisil, Dist- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Sharma, Advocate For the Informant :

Mr.Manish Kumar No.2, Advocate For the State :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State. Petitioner is apprehending his arrest in connection with Magadh Medical P.S. Case No.143 of 2020, registered u/s 420, 406, 120(B)/34 of the IPC.

Vide order dated 11.01.2022, petitioner was granted provisional bail by a co-ordinate Bench of this Court. The matter was also referred to the Mediation Centre, Patna High Court but the mediation has failed.

Learned counsel for the petitioner submits that the opposite party no.2 has filed a Title Suit No.844 of 2019 in the

Patna High Court CR. MISC. No.21085 of 2021(5) dt.27-06-2022 2/2 Court of Civil Judge, Senior Division No.1, Gaya for specific performance of contract.

Learned APP for the State as well as learned counsel for the opposite party no.2 opposed the bail application and submits that according to the terms of the agreement, petitioner has cheated the opposite party no.2, so sections 420, 406 and 120B and 34 of the IPC is made out against the petitioner. Considering the aforesaid facts and circumstances, since the opposite party no.2 has already filed a Title Suit against the petitioner, the provisional bail granted to the petitioner vide order dated 11.01.2022, in connection with Magadh Medical P.S. Case No.143 of 2020, is hereby confirmed, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T