Sushma Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46432 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== DILIP KUMAR SINGH Son of Jitendra Kumar Singh @ Loha Singh Resident of Village - North of St. Josephs High School Mahadev Colony, P.S.- Agam Kuan, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 51025 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== SUSHMA SINHA W/o- Anil Kumar Sinha Resident of Village- Bank Mens Colony, Chitragupta Nagar, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 46432 of 2021) For the Petitioner/s :
Mr. Mohit Raj For the Opposite Party/s :
Mr. Satya Nand Shukla Mr. Ravi Prakash Dvivedi Mr. Rajni Kant (In CRIMINAL MISCELLANEOUS No. 51025 of 2021) For the Petitioner/s :
Mr. Mohit Raj For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Heard learned counsel for the parties.
Patna High Court CR. MISC. No.46432 of 2021(6) dt.09-01-2023 2/3 Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 406, 504 & 506/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner-Dilip Kumar Singh has no criminal antecedent, whereas petitioner -Sushma Sinha as one criminal antecedent as mentioned in para3 of their respective application. Learned counsel for the petitioners submitted that petitioners are ready to refund Rs.36,75,000.00 (Rupees Thirty Six Lakhs and Seventy Five Thousand). They will pay Rs.2,00,000.00 (Rupees Two Lakhs) per month starting from the next month i.e. from February, 2023.
With regard to refund of Rs.14,00,000.00 (Rupees Fourteen Lakhs), it is submitted that the same shall be depend upon the final outcome of the criminal trial.
Patna High Court CR. MISC. No.46432 of 2021(6) dt.09-01-2023 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners, be released on provisional bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Agamkuan P.S. Case No.327of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Learned Court below is directed to confirm the bail bond of the petitioners after refunding the aforesaid amount to the informant.
(Anjani Kumar Sharan, J) Trivedi/- U T