Mostt. Sukhli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22909 of 2014 Arising Out of PS.Case No. -46 Year- 2013 Thana -BARUN District- AURANGABAD ======================================================

1. Mostt. Sukhli Devi Wife of late Shyam Narain Singh resident of villageBasaha, Police Station- Navinagar, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. S. Eheteshanuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barun Police Station Case No. 46 of 2013 registered for the offences punishable under Sections 406, 420, 467, 468,120B of the Indian Penal Code.

The grievance of the informant is that Cheque of Rs.76,90,896/- was issued in the name of Alok Narayan Singh and he was transferred Rs.38,50,000/- in the account of the informant but later on, petitioner and other accused got withdrawn the aforesaid amount and encashed the same.

The contention on behalf of the petitioner is that the amount in question was given to petitioner and co-accused Alok

Patna High Court Cr.Misc. No.22909 of 2014 (4) dt.23-03-2015 2/2 Narayan Singh in compensation of acquisition of their land and the Bank officials, inadvertently, transferred half of the amount to the account of the informant which was later on, rectified by the bank officials. On the other hand learned counsel for the informant submits that by the order of D.C.L.R, Aurangabad only 2.46 decimal of land was allotted to the petitioner and Alok Narayan Singh whereas 2.46 decimal of land was allotted to the informant and the compensation amount was paid in respect of 4.92 decimals of land.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Barun Police Station Case No. 46 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) NamitaU