Smt. Manju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24244 of 2019 Arising Out of PS. Case No.-213 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SMT. MANJU SINGH Wife of Sri Upendra Kumar Resident of Village - Ratan Sayar, P.O. - Noonfarwa, P.S.- Patahi, Distt.- East Champaran at Present residing at Village - Sahbajpur Salam, P.O.- Bhikhanpur Kothi, P.s.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sri Tejnarayan Singh Son of Late Janak Singh Resident of Village - and P.O.- Dumra, P.S.- Belsand, Distt.- Sitamadhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 213/2017, disclosing offences under Sections 420, 120(B) of the Indian Penal Code. Prosecution case in short is that petitioner has executed a sale deed in favour of the complainant on consideration of Rs. 2,16,000/-, however, the petitioner later on came to know that the said land was already pledged by the petitioner with Uttar Bihar Gramin Banka and thus cheated the complainant.

Submission of learned counsel for the petitioner is that the petitioner has already returned the amount by way two

Patna High Court CR. MISC. No.24244 of 2019(4) dt.08-08-2019 2/2 cheques bearing nos. 00593 and 00594 of ICICI Bank and now the matter has been compromised between the parties and he has produced the compromise petition signed by both the parties. Heard learned A.P.P. also as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the cheques, which were given by the petitioner are post dated and, therefore, the petitioner may be granted provision bail till the cheques are encashed. Having heard both sides, in view of the above facts, let petitioner surrender in the court below on 28.08.2019 and on surrender the court below shall release the petitioner on provisional bail to his own satisfaction for a period of three months and in the meantime, the complainant is directed to inform the court below about the encashment of both the cheques and, thereafter, the court below shall confirm the provisional bail of the petitioner.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T