Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30349 of 2021 Arising Out of PS. Case No.-21 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== KIRAN DEVI W/o Sri Ravindra Kumar Sah Resident of Village - Mahila College Road, Ganga Sagar Chauk, Ward No.8, P.S - Madhubani, Distt.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJIV KUMAR SAH Son of Late Lal Prasad Gupta Resident of Village - Station Road, P.S.- Jay Nagar, Distt.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with C.R. Case no. 21 of 2019 instituted for the offence under Sections 406 and 505 of the Indian Penal Code. As per allegation in the FIR, petitioner has borrowed Rs. 3 lac for some personal need from the complainant in two installments. Petitioner has given receiving receipts and paper of sale deed of her land and assured to the complainant that if she fails to return the money she will execute the sale sale deed in his favour. It has further been alleged that on repeated demand, petitioner has neither return any money nor executed the sale deed.

Patna High Court CR. MISC. No.30349 of 2021(3) dt.26-04-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. In fact, complainant in collusion with one Ashok Kumar Gupta has forcibly taken signature of the petitioner for wrongful gain. This case comes within the purview of civil in nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with C.R. Case No. 21 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U