Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36084 of 2019 Arising Out of PS. Case No.-4658 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SAVITA DEVI W/o Bijendra Prasad Resident of Village - Ashochak, P.S.- Ram Krishna Nagar, Dist.- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sri Vinod Kumar Singh Son of Ramashray Singh Resident of Village - Ghataha Tola, P.O. Sultanpur, P.S.- Mohiuddin Nagar, Dist.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned counsel for the parties.

Petitioner is apprehending her arrest in connection with Complaint Case No.4658 © of 2017 , registered for offences punishable under Sections 406, 420 and 423 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the husband of the petitioner (Bijendra Prasad) has executed a sale-deed in favour of the complainant for selling of 01 katha of land, the complainant also constructed boundary-wall over that but in the year, 2016 the complainant found that the boundary wall was broken and thereafter the husband of the petitioner

Patna High Court CR. MISC. No.36084 of 2019(4) dt.17-09-2019 2/3 informed that the land was in the name of his mother, who has sold the said land to some other persons and thereafter the complainant demanded money, on which an agreement was reached between the petitioner and the complainant to sale some other land in favour of the complainant. Submission of the learned counsel for the petitioner is that the FIR itself shows that whatever allegation is there that is against the husband of the petitioner and the petitioner has been made accused only because later on an agreement has been reached between the petitioner and the complainant. Heard learned A.P.P. and the learned counsel for the complainant., who has opposed the prayer for bail..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII, Patna in connection with Complaint Case No.

Patna High Court CR. MISC. No.36084 of 2019(4) dt.17-09-2019 3/3 petitioner has to co-operate in disposal of the complaint case and appear as and when required.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T