Patna High CourtCR. MISC./26575/2022bail granted

Antika Kumari v. The State Of Bihar

2023-07-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26575 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- RUPASPUR District- Patna ====================================================== ANTIKA KUMARI WIFE OF SHYAM BABU SINGH RESIDENT OF MOHALLA - VIKAS VIHAR COLONY ( RAM NAGAR COLONY DHANAUT) PS- RUPASPUR DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Advocate Mr. Lakshmi Kant Sharma, Advocate Mr. Akshay Ashish, Advocate Mr. Ravi Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State alongwith learned counsel for the informant.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman. It is next alleged that allegation against the petitioner is that an amount of Rs. 27,00,000/- was received in the bank account of her husband and further 13,00,000/- was received by them in lieu of executing sale deed with respect to the house which was

Patna High Court CR. MISC. No.26575 of 2022(4) dt.13-07-2023 2/3 in the name of the petitioner but the deal could not go through.

4. It is next submitted that the matter was referred for mediation and in presence of the learned mediator the dispute was amicably settled at Rs. 35,00,000/- it is next submitted out of 35,00,000/- an amount of Rs. 24,00,000/- have been paid to the informant and rest Rs. 11,00,000/- shall be paid by 16.08.2023.

5. The learned counsel for the petitioner submits that moment the amount of Rs. 11,00,000/- is paid to the informant the dispute would stand resolved and the petitioner will withdraw the cases filed against the informant and his wife and the learned counsel for the informant also submits that once the amount is received the case from the side of the informant against the petitioner shall also be withdrawn which also stands recorded in the report of the learned mediator.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.26575 of 2022(4) dt.13-07-2023 3/3 pending/successor court in connection with Rupaspur P.S. Case No. 304 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that in the event if the amount of Rs. 11,00,000/- is not paid to the informant by 16.08.2023 the informant shall be at liberty to file an application seeking cancellation of the anticipatory bail order of the petitioner.

(Satyavrat Verma, J) Adnan/- U T