Patna High CourtCR. MISC./43580/2023bail granted

Babita Devi v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43580 of 2023 Arising Out of PS. Case No.-604 Year-2022 Thana- DANAPUR District- Patna ====================================================== BABITA DEVI W/o- RINKU KUMAR R/o- Janakdhari Lal Road Bhattipar Arya Samaj Mandir Road PO- Danapur Cantt, PS- Danapur, Dist- Patna Village- Basti Eastern Rail Chakka PS- Dhanaut Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Danapur P.S. Case No. 604 of 2022 registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and the informant alleges that the accused persons entered into an agreement for sale of a house with him and in lieu thereof took Rs. Seventy Two Lakhs but did not execute the sale deed and thereafter sold the property in favour of his brother-in-law Tinku Kumar by a registered sale deed.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43580 of 2023(2) dt.23-08-2023 2/2 petitioner has been falsely implicated in the present case, it is next submitted that agreement for sale was entered between the informant and her husband and petitioner being wife of Rinku Kumar came to be implicated in the present case, it is further submitted that Rinku Kumar was granted bail vide order dated 19.07.2023 in Cr. Misc. No. 40984 of 2023 by a learned coordinate Bench of this Court.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Danapur P.S. Case No. 604 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T