Bibi Akhtari Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37847 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== BIBI AKHTARI BEGUM Wife of Sk. Jalil RESIDENT OF VILLAGE PARSA, P.S MAJHAULIA DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No. 315 of 2019 (G.R. No.1583 of 2019) registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code, which is pending before CJM, Bettiah.

The petitioner has executed a power of attorney in favour of informant for selling and purchasing of some land and

Patna High Court CR. MISC. No.37847 of 2020(6) dt.11-01-2022 2/3 thereafter there was talk for selling of a piece of land for a consideration money of Rs.32 lac, out of which Rs. 16 lac was given in advance which was counted by the petitioner and the same was kept and an agreement was prepared and when the person who has purchased the same had gone for taking possession over the same he came to know that the land had already been sold in the year 1996, as such, the informant was cheated and misappropriation of Rs.16 lacs.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that this is a case of purely civil dispute, as they are seeking remedy relating to land.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

From perusal of the case diary, it is apparent that the petitioner had executed the power of attorney in favour of the informant at a consideration money of Rs.32 lacks and out of which, 16 lacs was given in advance but the petitioner executed a sale deed to another person, as such, prima-facie a case is made out against the petitioner who is main accused in this case for committing the forgery and fabricating the false documents, hence, it is not a fit case for grant of anticipatory bail. Prayer for

Patna High Court CR. MISC. No.37847 of 2020(6) dt.11-01-2022 3/3 anticipatory bail is rejected.

(Sunil Kumar Panwar, J) brajesh kumar/- U