Rekha Devi And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.52087 of 2014 (6) dt.22-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52087 of 2014 Arising Out of PS.Case No. -10 Year- 2011 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================
1. Rekha Devi, Wife of Suresh Turha @ Suresh Sah
2. Suresh Turha @ Suresh Sah, son of Late Munna Sah Both Resident of Village- Musapur, P.S.- Samastipur (Muffasil), District- Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Shivnath Roy .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioners, complainant and the State.
The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406,417,342 and 504 of the Indian Penal Code. The prosecution case is that petitioner no. 1 took one lac rupees and executed an agreement for transfer of ten dhoors of land in favour of the complainant but subsequently the transfer of land was not made.
It is submitted by learned counsel for the petitioners that
Patna High Court Cr.Misc. No.52087 of 2014 (6) dt.22-06-2015 petitioner no. 1 paid rupees twenty five thousand to the complainant as margin money for getting a loan of rupees one lac from a non-banking financial institution when the loan was not granted, the petitioner lodged Complaint Case No. 157 of 2011 under sections 323,341,379,504,420 and 406 IPC. Considering the fact that the case was lodged by petitioner no. 1 at earlier point of time, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Complaint Case No. 10 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T