Meena Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.57148 of 2017 (2) dt.18-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57148 of 2017 Arising Out of PS.Case No. -27 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================

1. Meena Devi W/o Lalu Rai, R/o Village- Digha Patipul, P.S.- Digha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Rai S/o Bhola Rai, R/o Mohalla- Rajeev Nagar, Road No. 11, P.S.- Rajeev Nagar, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Prasad For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2017 Heard both sides.

The petitioner apprehends her arrest in Complaint Case No.27(c) of 2015 registered under Sections 406, 420, 467, 465, 468, 120B and 34 of the Indian Penal Code.

The complainant alleged that he entered into an agreement with Lalu Rai to purchase a piece of land. Lalu Rai received money and also executed power of attorney. When the complainant requested him to execute the sale deed, Lalu Rai made excuses. The complainant further alleged that Lalu Rai gave possession of the land to him and he constructed house but later on, Lalu Rai cancelled the power of attorney and threatened him to vacate the land.

Patna High Court Cr.Misc. No.57148 of 2017 (2) dt.18-12-2017 The learned counsel for the petitioner submits that petitioner is the wife of Lalu Rai. In the entire complaint petition, not a single word has been whispered against the petitioner. Petitioner did not receive any single farthing. Petitioner is only a witness of the deed of agreement to sale.

The learned counsel for the complainant, however, vehemently opposed the prayer for anticipatory bail but could not be able to show after reading the entire complaint petition that any allegation is made against the petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of her arrest or surrender before the learned 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 Smt. Sarika Vahalia, learned Judicial Magistrate Ist Class, Patna in connection with Complaint Case No.27(c) of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T