Ramsawari Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.11180 of 2016 (2) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11180 of 2016 Arising Out of PS.Case No. -670 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramsawari Devi W/o Ramesh Prasad, Resident of village- Bathuahiya, P.s. Darpa, District- East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Shivnath Prasad Yadav son of Late Yadav Lal Rai, resident of villageSiripur Kawaiya, P.S. Ghorasahan, District- East Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Pandey, Advocate For the Opposite Parties : Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Motihari Town P.S. Case No. 670 of 2015 for the offences instituted under Sections 420 and 506/34 of the Indian Penal Code and Section 138 of the N.I.Act.

As per prosecution case, the Opposite Party No.2 lodged the present case making allegation that the husband of the petitioner agreed to purchase a land pertaining to Khata no.128 Khesra no.469 for consideration money of Rs.3 lacks twenty thousand, however, the husband of the petitioner after making of payment about Rs.2 lacks and twenty thousand got registered the sale deed and remaining amount was due and further alleged that

Patna High Court Cr.Misc. No.11180 of 2016 (2) dt.02-05-2016 the informant demanded due amount then the husband of the petitioner issued cheque of Rs.1 lack, the informant presented the cheque in bank but due to insufficient amount the cheque was dishonor.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The matter relates to sale and purchase of land between the parties. Prior to the institution of the present case vide Annexure-3, the FIR was instituted by the husband of the petitioner. Petitioner is a lady. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Motihari Town P.S. Case No. 670 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T