Priya Sanu @ Guddu Kumar @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36313 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- MANSI District- Khagaria ====================================================== PRIYA SANU @ GUDDU KUMAR @ GUDDU S/O SURYA NARAYAN PODDAR R/O Village- Chak Husaini, P.S- Mansi, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhushan Poddar For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 409, 420, 34 of the Indian Penal Code.
As per prosecution case, the petitioner and others did not execute the sale deed in spite of receiving amount of Rs. 2,20,000/- from the complainant.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 11 of the petition that the father of the petitioner already paid the advance money to the complainant but after death of his father, the complainant again claiming the said amount of
Patna High Court CR. MISC. No.36313 of 2023(2) dt.04-07-2023 2/2 Rs. 2,20,000/-. It is case of civil nature for which criminal proceedings has been initiated against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 22.1.2023. Learned APP appearing for the state and learned counsel for the complainant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansi P.S. Case No. 147 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.
(Sunil Kumar Panwar, J) Amandeep/- U T