Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30074 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SAVITRI DEVI Wife of Nawal Kishore Prasad Residence of Village- Eksara, P.S.- Ben, District- Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ajay Kumar Son of Sushil Kumar Prabhakar Residence of Village- Eksara, P.S.- Ben, District- Nalanda.

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 406, 420, 467, 468, 471 IPC registered in connection with Complaint Case No. 513C/2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that the petitioner failed to repay the entire amount of Rs. 7,55,000/-, out of which partial repayment was made by transfer of the petitioner's land for Rs. 2,50,000/- only. It is further submitted that the ingredients of the offences alleged are not made out and any dispute between the parties is purely of civil nature and for which the parties were already agreed to settle through Civil Suit as narrated in para 4 of the agreement dated 01.11.2017. The petitioner claims clean antecedents.

4. Learned counsel for the Opposite Party No. 2 appears and has been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.30074 of 2019(2) dt.14-05-2019 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Nalanda, Biharsharif, in connection with Complaint Case No. 513C/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T