Neha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21360 of 2024 Arising Out of PS. Case No.-363 Year-2022 Thana- PUNPUN District- Patna ====================================================== Neha Kumari W/o Praveen Kumar @ Sunny Resident of Village- Pakri, P.S.- Punpun, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Satish Kumar Son of Devendra Sinha Resident of Chinia Bela, P.S.- Punpun, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, A.P.P.
Mr. Dilip Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code.
3. It is alleged that despite receiving the consideration money, this petitioner refused to register the land in question in favour of the informant.
4. Learned counsel for the petitioner denies the prosecution case and submits that petitioner has not received any money from the informant. It is further submitted that moreover, the dispute is of civil nature and unless and until the dishonest intention is present right at the beginning of any
Patna High Court CR. MISC. No.21360 of 2024(5) dt.01-07-2024 2/2 transaction, the criminal proceedings are totally unwarranted, and the remedy lies in civil law. Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Masaurhi in connection with Punpun P. S. Case No. 363 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T