Sima Kumari @ Seema Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40700 of 2014 Arising Out of PS.Case No. -266 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Sima Kumari @ Seema Kumari wife of Sujit Kumar resident of MohallaNew Dak Bungalow Road, Hajipur, Police Station- Hajipur town, DistrictVaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-03-2015 Heard both sides.
The petitioner apprehends her arrest in Hajipur Town P.S. Case No. 266 of 2013 registered under sections 406, 420 of the Indian Penal Code.
The informant made allegation that the petitioner took Rs. 12, 50,000/- through cheque for selling of eight kathas of land, but the petitioner did not execute the sale deed. It is submitted that the payment was made through cheque bearing No. 572801. Learned counsel for the petitioner submits that it is a case of civil nature. Learned counsel for the informant on the other hand strongly opposed the prayer for anticipatory bail. It appears
Patna High Court Cr.Misc. No.40700 of 2014 (2) dt.31-03-2015 2/2 that the informant made payment through cheque for registration of sale deed. If there is any breach of contract the informant has remedy in civil suit.
Considering the aforesaid facts, the above named petitioner in the event of her arrest or surrender before the court below within a period of four weeks from today is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 266 of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) M.Rahman/- U T