Mala Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15920 of 2022 Arising Out of PS. Case No.-400 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== MALA SINHA W/o Late Braj Kishore Prasad Resident of VillageMaksuspur, near Middle School, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prahalad Kumar Bhagat For the Opposite Party/s :

Mr. Ajay Kumar Gautam Mr. Amarjeet Kumar Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under section 420, 406, 506, 120(b) of the Indian Penal Code.

Allegedly, the accused persons came at the house of the complainant and made proposal for selling of their old house and on the request, complainant became ready to buy the aforesaid property. But the complainant showed his inability to give Rs.30,00,000/- at a time. Then the petitioner demanded

Patna High Court CR. MISC. No.15920 of 2022(4) dt.26-09-2022 2/3 Rs.5,00,000/- at once and to pay rest amount in installment. Altogether the complainant gave Rs.15,00,000/- cash and Rs.9,65,904/- from account to the accused persons. After that the complainant approached to the accused persons and requested them to take the rest of the amount and execute sale deed as per agreement but the petitioner denied the content of the agreement.

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 with a view to blackmail her and her family members. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner is an old lady aged about 73 years, she was never in need of such a big amount. The petitioner has never executed any agreement to sell of both houses to the complainant. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event

Patna High Court CR. MISC. No.15920 of 2022(4) dt.26-09-2022 3/3 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 Complaint Case No.400C of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T