Rina Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49537 of 2015 Arising Out of PS.Case No. -390 Year- 2010 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Rina Agrawal wife of Late Ramji Agrawal, Resident of Mohalla - Rambag Road, P.S.- Mithanpura, District - Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate : Mr. D.N.Tiwari, Advocate For the State : Mr. Manoj Kumar 1, APP For the informant : Mr. Ravi Prakash Dwivedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel petitioner, learned counsel for the informant and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Muzaffarpur Town P.S. Case No.390 of 2010 registered under Sections 420, 406, 384, 504 and 509/34 of the Indian Penal Code. It is contended that the petitioner is widow aged about sixty five years. She has committed no offence rather the informant who happens to be her cousin brother-in-law (Dewar) got her implicated in the present case in a pre-planned manner so that she may be compelled to come to his terms and transfer the land in question in his favour for getting out of her case. As a mater of fact, the informant had negotiated for purchase of the said land of the petitioner for rupees fifteen lakhs and advanced rupees five lakhs towards the said agreed price but subsequently he
Patna High Court Cr.Misc. No.49537 of 2015 (2) dt.05-11-2015 2/2 refused to pay the remaining amount of the said agreed price of the said land and started insisting her to execute the sale deed in regard thereto in his favour. It is further contended that the dispute, if any, is apparently of civil nature and the informant of the case has already filed Title Suit No.649 of 2013 in the court of Sub Judge-1, Muzaffarpur for specific performance of contract. Learned counsel for the State and learned counsel for the informant have opposed the application.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No.390 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T