Rakhi Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25886 of 2017 Arising Out of PS.Case No. -1285 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rakhi Kumari Daughter of Triveni Sao, Wife of Vijay Kumar, resident of Village- Mohni, P.S.- Asthawan, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shree Kumar Sinha @ Papoo Son of Shree Asarfee Prasad Singh resident of Mohalla- Kusumpuram Colony, P.S.- Rupaspur, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sudish Kumar, Advocate.

For the Opposite Parties : Mr. Manoj Kumar - 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends her arrest in Complaint Case No. 1285 (C) of 2015 registered for the offences punishable under Sections 323, 406 and 420 of the Indian Penal Code. The complainant alleged that the petitioner and her father Triveni Sao entered into an agreement to sale the property inherited after death of mother of the petitioner in favour of the complainant. Part consideration money was also paid through cheque but, the petitioner sold the said land to some other person. Learned counsel for the petitioner submits that the petitioner is the daughter of Triveni Sao. The petitioner put her signature on the agreement but she did not receive any

Patna High Court Cr.Misc. No.25886 of 2017 (2) dt.13-07-2017 2/2 consideration amount. She is only a signatory on the sale deed executed by her father in favour of another person. From perusal of the entire complaint petition, it would appear that the petitioner never received any consideration money.

Considering the facts aforesaid and the fact that the petitioner is a lady and she did not receive any consideration amount from the complainant, the petitioner above named in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Judicial Magistrate 1st Class, Danapur, Patna in Complaint Case No. 1285 (C) of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T