Nilu Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31382 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== NILU BHARTI wife of Sri Lal Bahadur Thakur, R/Village- Ustu PS- Lodipur Distt- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashutosh Kumar Shukla son of Binod Kumar Shukla, Village- Tardiha PSJagdishpur Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2023 Heard the learned counsel for the petitioner as well as the learned counsel for the opposite party no. 2. The opposite party no. 2 was granted anticipatory bail, vide order dated 25.01.2023 in Cr. Misc. No. 4909 of 2023. The learned counsel for the petitioner has submitted that there was an agreement between the father of opposite party no. 2 and the informant that the opposite party no. 2 shall execute a sale deed in her favour for consideration money of Rs.11,50,000/- (Eleven lakhs and fifty thousand rupees). While granting bail to the opposite party no. 2, it was observed that he was not party to the agreement. The entire allegation was against the father of the opposite party no. 2 and considering

Patna High Court CR. MISC. No.31382 of 2023(4) dt.12-07-2023 2/2 this fact, he was granted anticipatory bail. The learned counsel for the petitioner has submitted further that the father of opposite party no. 2 was imprisoned in some other case. He (O.P. No. 2) had taken advance for the expenses to be incurred in that case from the informant, as such, his bail bond should be cancelled.

On the other hand, the learned counsel for the opposite party no. 2 has opposed the prayer for cancellation of bail.

The entire allegation is against the father of opposite party no. 2, not against him. Considering this fact, this petition is dismissed.

(Nawneet Kumar Pandey, J) Mahesh/- U T