Neetu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23939 of 2024 Arising Out of PS. Case No.-1067 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Neetu Devi wife of Ranjan Singh @ Ranjan Prabhat Kumar Vill- Barah PsHarnaut Dist- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shawaliya Kumar Singh son of Maheshwar Prasad Singh R/o- B-14, Vijaynagar Ps- Patrakar Nagar Dist- Patna P/A- Manpur Po- Tarwara Magar Pal Ps- Dariyapur Dist- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Arun Kumar Jha, Advocate For the State :
Mr. Raj Ballabh Singh, APP For Opposite Party No.2 :
Mr. Gajanan Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsels for the parties.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.
3. As per the complaint case, despite taking consideration money, this petitioner refused to execute sale deed in favour of the complainant and also refused to return the amount.
4. It is submitted by learned counsel appearing on behalf of the petitioner that not a single farthing has been paid to this petitioner as consideration money and the alleged
Patna High Court CR. MISC. No.23939 of 2024(4) dt.28-08-2024 2/3 Baibeyana deed is forged and fabricated. It is further submitted that the alleged cheque of Rs. 4,50,000/- was given to Devmuni Devi and not to this petitioner. However, at this stage, without admitting her guilt, petitioner is ready to deposit the disputed amount amounting to Rs. 2,50,000/- (Rupees fourteen lacs forty thousand only).
5. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail to the petitioner is allowed.
6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VIII, Patna, in connection with Complaint Case No. 1067 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions:
A. At the time of furnishing bail-bond Rs. 2,50,000/- (Rupees two lacs and fifty thousand) shall be deposited through cash in the Nazarat of the Civil Court, Patna.
B. The aforesaid payment shall be subject to the final outcome of the case.
C. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.
Patna High Court CR. MISC. No.23939 of 2024(4) dt.28-08-2024 3/3
7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashank/- U T