Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23229 of 2019 Arising Out of PS. Case No.-637 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== KUSH KUMAR SINGH @ KUSH SINGH Son of Late Umesh Prasad Resident of Village-Sheon, P.S-Bhabua, District-Kaimur, (Bhabua). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravish Kumar Singh Son of Hridesh Kumar Singh, Village-Denwa, P.SBhabua, District-Kaimur, (Bhabua). ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24222 of 2019 Arising Out of PS. Case No.-637 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

NITU DEVI Wife of Lavk @ Kush Kumar Singh Resident of Village-Sio, P.S-Bhabua, District-Kaimur, Bhabua.

2.

Urmila Kuer Wife of Late Uma Prasad Singh Resident of Village-Sio, P.SBhabua, District-Kaimur, Bhabua. 3.

Chinta Kuer Wife of Late Uma Prasad Singh Resident of Village-Sio, P.SBhabua, District-Kaimur, Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravish Kumar Singh Son of Hridesh Kumar Singh Village-Denwa, P.SBhabua, District-Kaimur, (Bhabua). ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 23229 of 2019) For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Satya Nand Shukla (In CRIMINAL MISCELLANEOUS No. 24222 of 2019) For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 As both the cases arise out of same police station case number, they are clubbed together and are being disposed

2/4 of by this common order for the sake of convenience. This application, for grant of anticipatory bail, arises out of Bhabhua P.S. Case No. 637/18, disclosing offences under Sections 406, 420, 467, 468 and 120(B) of the Indian Penal Code.

Petitioners in Cr. Misc No. 24222 of 2019 are the wife, step mother and mother of petitioner in Cr. Misc. No. 23229 of 2019. Prosecution case is that the petitioner Kush Kumar Singh introduced the informant to one Munna Singh, who disclosed that petitioner Kush Kumar Sing and his family members are engaged in real estate business and, thereafter, informant also went to their house and on being ultimately convinced, the informant got the sale deed executed in his favour through Munna Singh, who was having power of attorney, however, when the complainant went for mutation of the said land, he came to know that the land in question is not in the name of petitioner Kush Kumar Singh rather it is in the name of other family members and thus he has been cheated by the petitioners. Apart from that it appears that petitioners in both the above mentioned cases are accused in nine more cases. Submission of learned counsel for the petitioners is that whole allegation is false and concocted and lodged only due

3/4 to some confusion and even if the land in question is in the name of the wife of petitioner Kush Kumar Singh, he will adjust the same in favour of informant. Further submission is that though petitioners are accused in nine other cases but they have been on bail in all those cases.

Learned counsel for the State opposed the prayer for bail.

Having heard both sides, considering the facts and circumstances so far petitioner Kush Kumar Singh in Cr. Misc. No. 23229 of 2019 is concerned, I am not inclined to grant him the privilege of anticipatory bail rather he, if so desire, may surrender before the court below and pray for regular bail and if any such application is filed the court below shall dispose of the same on the merit of the case.

So far petitioners in Cr. Misc. No. 24222/2019 are concerned, considering the fact that they are ladies, as such, in the event of their arrest or surrender before the court below within six weeks from the date of receipt / production of a copy of this order, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua in

4/4 connection with Bhabhua P.S. Case No. 637/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

These applications are accordingly disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T