Guria Devi @ Shweta Devi @ Shewta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32667 of 2022 Arising Out of PS. Case No.-868 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Guria Devi @ Shweta Devi @ Shewta Devi Wife Of Rupesh Kumar Resident Of Village- Kaushik Nagar, Ward No.4, P.S.- K. Hat, District- Purnea., At Present- Residing Of Babhangama, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mukesh Kumar Sinha Son Of Late Krishna Nandan Prasad Resident Of Village- Kaushik Nagar, Ward No.4, P.S.- K. Hat, District- Purnea. .

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 506/34 and other allied sections of Indian Penal Code.

As per prosecution case, despite taking consideration money, from the informant and others, neither executed the land now refunded the money.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that petitioner has been made accused in the instant case due to old enmity and dispute. No chit of

Patna High Court CR. MISC. No.32667 of 2022(3) dt.17-11-2022 2/3 paper has been submitted by the informant in support of this allegation. It is further submitted that on the basis of manufactured agreement which does not bear signature and date this entire false and fabricated case has been lodged against the petitioner and he has not received a single penny from the informant. Petitioner has got clean antecedent. Learned counsel for the State opposes the prayer for bail application submitting that there is specific and direct allegation against the petitioner that in spite of taking money from the informant petitioner has neither registered the land not returned the money.

Considering the fact that though there is allegation of taking money against the petitioner but in support of the same no chit of paper has been adduced on behalf of the complainant, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Chief Judicial Magistrate, Purnea in K. Hat (Madhubani) P. S. Case No. 868 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.32667 of 2022(3) dt.17-11-2022 3/3 Procedure.

(Prabhat Kumar Singh, J) navya/- U T