Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43206 of 2023 Arising Out of PS. Case No.-1151 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Geeta Devi W/O- Vijay Prasad Village- Jhitkhahiya P.S.- Rajepur District - E.Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Uday Chandra Kumar son of Lal Babu Prasad Village- Jhitkahiya P.S.- Rajepur District- East Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Trial No. 2221 of 2022 arising out of Complaint Case No. 1151 of 2018 registered for the offence punishable under Sections 406, 420, 120B, 504 and 506 of the Indian Penal Code.

3. As per the complaint, petitioner and her husband have taken advance money of Rs. 1,63,000/-. to sell their land to the complainant at Rs. 4,30,000/- but neither they are executing the sale deed nor returning the said amount.

4. Learned counsel for the petitioner submits that petitioner is innocent and she has not committed any offence

Patna High Court CR. MISC. No.43206 of 2023(2) dt.04-08-2023 2/2 and has falsely been implicated in this case due to dirty village politics. The petitioner has not taken any amount from the complainant and the disputed land is in the name of father-inlaw of the petitioner upon which house of the petitioner is situated. Petitioner is a woman having no criminal antecedent. Complainant through the criminal prosecution is trying to settle the civil dispute.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Sessions Judge, East Champaran, Motihari in connection with Trial No. 2221 of 2022 arising out of Complaint Case No. 1151 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

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