Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33520 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- RAHUI District- Nalanda ====================================================== ANITA DEVI Wife of Baiju Mahto @ Baiju Prasad Resident of Village - Imamganj, Tola - Ekbalganj, P.S.- Rahui, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered under Sections 406, 409, 420, 467, 468, 471 and 477/34 of the Indian Penal Code.
Petitioner claiming the land in question which is standing in the name of Shyama Devi of his own obtained LPC certificate in collusion with the staff of revenue department and Rs. 46,80,000/- was deposited in her account. She subsequently transferred the aforesaid amount in the account of Jitendra Kumar, Ajit Kumar Sinha and Baleshwar Prasad. But on detecting fraud, withdrawal of the aforesaid amount was stopped by the Executive Engineer, Road Construction Department.
Patna High Court CR. MISC. No.33520 of 2019(3) dt.06-08-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. She has been falsely implicated in the case. She happens to be typical rustic and gullible villager. She was having land adjacent to the land in question and one Ajit Kumar Sinha and Sonu Kumar got her signature on stamp paper on the pretext of claiming compensation for the land allegedly acquired by the government for construction of road.
Petitioner relying upon the said persons put her signature on the papers and taking undue advantage of the aforesaid signature aforesaid persons got the LPC in the name of the petitioner and got the compensation amount deposited in her account, later on got it transferred in the account of three others persons behind the back of the petitioner. Petitioner had no knowledge of the aforesaid transaction and obtaining of LPC in her name by the said persons and moreover she has not withdrawn any amount. She happens to be lady and she has no criminal antecedent. Said Ajit Kumar Sinha and Sonu Kumar have been enlarged on bail by different co-ordinate Benches of this Court.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the
Patna High Court CR. MISC. No.33520 of 2019(3) dt.06-08-2019 3/3 event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Biharshariff, Nalanda in connection with Rahui P.S. Case No. 10 of 2019, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T