Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43583 of 2024 Arising Out of PS. Case No.-591 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Sudha Devi W/o Deepak Kumar @ Sonu R/o Village-Chhota Bariyarpur, Ward No. 37, P.S.-Motihari, District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

:

Mr. Hemant Ray, Advocate.

For the Opposite Party/s :

Mr. Dinesh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Bettiah Nagar (Kalibagh) P.S. Case No.591 of 2023 instituted under Sections 341, 323, 420, 406, 506, 467, 468, 120(B) of the Indian Penal Code.

3. As per the prosecution case, the petitioner alongwith co-accused went to the house of complainant who is Clerk in Refral Hospital and asked to purchase a piece of land in Motihari and the complainant was ready to purchase the said land, for which complainant has given total Rs.4,43,000/- to coaccused Suman Kumar Singh but the complainant came to know that the said land belongs to Bettiah Raj, which cannot be

Patna High Court CR. MISC. No.43583 of 2024(2) dt.07-08-2024 2/3 registered and mutated. The accused persons have not returned the said amount.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has not received any money from the informant. Learned counsel for the petitioner submits that as per the allegation, the co-accused Suman Kumar Singh has taken Rs.4,43,000/- from the informant and agreement to sale was made between the co-accused Suman Kumar Singh and informant and the petitioner has no role in the said transaction. He further submits that petitioner is a lody who has no criminal antecedent and she undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in

Patna High Court CR. MISC. No.43583 of 2024(2) dt.07-08-2024 3/3 connection with Bettiah Nagar (Kalibagh) P.S. Case No.591 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T