Shanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25406 of 2024 Arising Out of PS. Case No.-826 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SHANTI KUMARI WIFE OF AWANINDRA KUMAR MISHRA RESIDENCE OF VILLAGE - GAYA RANIGANJ GARERIYA, P.S. - IMAMGANJ, DISTRICT - GAYA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANUJ KUMAR SINHA S/o Late Jamuna Prasad RESIDENCE OF VILLAGE - RANIGANJ GARERIYA, DISTRICT - GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Anand, Adv.

For the State :

Mr.Dilip Kumar No.1, APP For the Complainant :

Mr.Aryan Singh, Adv.

Mr.Gajendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner, learned counsel for the complainant and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor for the State.

2.

Earlier by order dated 17.08.2023, passed in Cr. Misc. No.46132 of 2023, the anticipatory bail application of the petitioner was withdrawn by learned counsel for the petitioner on the instruction of the petitioner. This is the second attempt of petitioner for grant of anticipatory bail.

3.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 406, 420, 323, 506 of the IPC. 4.

As per the prosecution case, the complainant along with

Patna High Court CR. MISC. No.25406 of 2024(3) dt.27-09-2024 2/3 four persons purchased 16 decimal land at Rs.12,00,000/- from one Awantika Mishra. On 01.11.2022, when the complainant went to his plot, the husband of the petitioner and other coaccused raised objection and took out pistol and raised possession over the land.

5.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is wife of the coaccused Awanindra Kumar Mishra, who has been granted anticipatory bail by this Court vide order dated 10.04.2024 passed in Cr. Misc. No.10793 of 2024. It is submitted that husband of the petitioner has got the land in question from his grandmother as a part of will and has transferred his portion of land to his wife (petitioner herein), thus no fraud has been made. A civil suit is also pending in the Court below bearing Title Suit No.110 of 2022. Petitioner has no criminal antecedent. 6.

Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

7.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted bail, let

Patna High Court CR. MISC. No.25406 of 2024(3) dt.27-09-2024 3/3 the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.826 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T