Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12313 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -PHULWARIA District- GOPALGANJ ====================================================== Ramawati Devi, Wife of Late Rajgriah Mishra, Resident of VillageChouhanpatti, P.S.-Gopalpur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivek Anand Amritesh, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Fulwaria P.S. Case No. 16 of 2016, G.R. No. 398 of 2016 instituted for the offence under Sections 423, 417, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged in the written report that on the basis of sale deed dated 7.12.2011 executed by this petitioner, the informant came in possession of the land as mentioned in the complaint which was sent to Police Station under Section 156 (3) Cr. P.C. Later on, the complainant learnt that the aforesaid land does not belong to the petitioner and she has cheated the informant.

In such circumstances, from the nature of allegation in

Patna High Court Cr.Misc. No.12313 of 2017 (5) dt.12-05-2017 2/2 the complaint petition, it is a matter of civil dispute. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Fulwaria P.S. Case No. 16 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Vth, Gopalganj, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.