Smt. Gayatri Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38685 of 2015 Arising Out of PS.Case No. -1080 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Smt. Gayatri Sinha, W/O Sri Ravindra Nath Sinha, Resident of MohallaMokhtartoli, Kadamkuan, P.O. & P.S.- Kadamkuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shakunta Sinha W/o Ram Vilash Pd. Naya Gaon, Chali Tal, P.S. Alamganj, Dist- Patna-7 .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. B. N. Pandey (App) For the Informant : Mr Shyamal Prakash ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2015 Heard both sides.
The petitioner apprehends arrest in a case registered for the offences punishable under sections 406, 420 of the Indian Penal Code.
The complainant alleged that the petitioner executed a deed of agreement to sell the land of plot no. 954, Municipal plot No. 3434, Khata No. 83, Tauzi No. 129 and received Rs.52,50,000/- on different dates but later on the complainant herself enquired about the nature of land and found that the same does not stand in the name of the petitioner or her husband.
Learned counsel for the petitioner submits that money was received by her husband and she is simply a name lender on the deed of agreement to sell. Her husband returned
Patna High Court Cr.Misc. No.38685 of 2015 (3) dt.24-11-2015 Rs.47,00,000/- to the husband of the complainant and the husband of the petitioner has already been enlarged on regular bail by the learned court below. Of-course, the petitioner is accused in four other cases of similar nature but the petitioner has already been granted anticipatory bail in all the cases.
Learned counsel for the informant, however, vehemently opposed the prayer for bail but it appears that substantive amount has been returned by the husband of the petitioner to the husband of the complainant and the husband of the petitioner has already been enlarged on bail. Considering the facts aforesaid, the petitioner above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 1080 of 2014 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U