Patna High CourtCR. MISC./27402/2015disposed

Shail Kumari v. The State Of Bihar

2015-07-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27402 of 2015 Arising Out of PS.Case No. -441 Year- 2014 Thana -CIVIL LINE District- GAYA ======================================================

1. Shail Kumari W/o Ashok Kumar Srivastava Resident of the Village - Chand Chaura, Near Khaba Gali Road, P.S. Bisnupad Mandir, Gaya at District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Kumar Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420 of the Indian Penal Code and Section 13B of the N.I. Act registered in connection with Civil Line P.S. Case No. 441 of 2014.

3. It is submitted on behalf of the petitioner that the transaction relates to an agreement for sale of land which does not involve any criminal element. In any event the petitioner undertakes to repay/refund the entire amount of Rs. 7,11,000/- received by the petitioner and her family members through cheques from Raj Kumar Prasad and

Patna High Court Cr.Misc. No.27402 of 2015 (2) dt.27-07-2015 Vishnudeep Kumar, within a period of four months from today. Out of the said amount, a sum of Rs. 50,000/- would be paid within a period of two weeks from today.

4. In the aforesaid facts and circumstances, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 441 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C..

5. The provisional bail granted to the petitioner shall be confirmed, subject to payment of the entire amount within the stipulated period.

6. The petition stands disposed of.

(Vikash Jain, J) Chandran U T