Vijeta Priyadarshi @ Vijata Priyadarshi @ Vijeta Priyadarshini v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29993 of 2019 Arising Out of PS. Case No.-334 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Vijeta Priyadarshi @ Vijata Priyadarshi @ Vijeta Priyadarshini, Wife of Shubham Kumar Pandey, Resident of Village - Vishnupur Tara, P.S.- Madhuban, Distt - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Madhuri Kumari, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Madhuban P.S. Case No. 334 of 2017, registered for the offence punishable under Section 406, 420, 506/34 of the Indian Penal Code.
Allegation has been made that the petitioner has executed a sale deed in favour of the informant for a consideration amount of Rs. 13 lacs and later on, it transpired that the said land had already been transferred by her grandfather to her 'Bua' and when the informant asked the accused persons to return the money, they refused to give the money.
Patna High Court CR. MISC. No.29993 of 2019(2) dt.07-05-2019 2/3 Counsel for the petitioner submits that, as per allegation, Rs. 5 lacs has been credited in the account of fatherin-law of the petitioner, which is accepted by the petitioner, and Rs. 8 lacs, which was given by cash, has been denied by the petitioner.
Counsel for the petitioner further submits that the petitioner is ready to deposit Rs. 5 lacs in the court below within a period of two months.
Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on provisional anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, East Champaran, Motihari in connection with Madhuban P.S. Case No.334 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that Rs.5 lacs will be deposited by the petitioner before the court below within a period of two months. If the petitioner will deposit Rs.5 lacs in the court below within a period of two months, the court below would
Patna High Court CR. MISC. No.29993 of 2019(2) dt.07-05-2019 3/3 make the provisional bail absolute and the court below will invest the said amount in proper place so that it may earn the maximum rate of interest.
In failure to deposit the same within the aforesaid period, the provisional anticipatory bail granted to the petitioner will be treated to have been cancelled.
However, release of the amount to the person concerned will be subject to result of the criminal case concerned.
(Shivaji Pandey, J) V.K.Pandey/- U T