Smt. Namita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45764 of 2022 Arising Out of PS. Case No.-2161 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

SMT. NAMITA KUMARI W/O SHAITENDRA NATH SINGH Resident of village- Sita Saran Lane, Mithapur, P.S.- Jakkanpur, District- Patna. Managing Director of M/s Varanya Construction Private Limited. 2.

SRI SHAILENDRA NATH SINGH S/O LATE HARENDRA NATH SINGH Resident of village- Sita Saran Lane, Mithapur, P.S.- Jakkanpur, DistrictPatna. the authorized singnatroy of Varanya Construction Private Limited. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SMT. RITA SINHA W/O SRI DILIP AKHAURI Resident of Lane nO-2 Salimpur Ahra, Kadam Kuan, P.S.- Kadam Kuan District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Shanker Modi, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and the State.

On the last occasion, on 2.1.2023, the matter was adjourned only on the ground that the learned Senior Counsel appearing then had submitted that the petitioner may be granted some time so that he can sit with the informant and decide the modalities of payment which she alleges to have given to them. Yesterday, when the matter was called, learned counsel for the petitioner submitted that no such effort has been taken and now there is a change of guard inasmuch the NOC has

Patna High Court CR. MISC. No.45764 of 2022(3) dt.17-01-2023 2/2 been taken from the earlier office and now, he will be arguing the case on the said averment, the matter was passed over yesterday. Today also, no positive statement on the modalities of payment has been made by him.

The allegation in the FIR is as follows :

Payments were made to the petitioners for the purchase of Flat No. 401 in 'Sona Sanat Apartment' in Mohalla Jakkanpur under Jakkanpur P.S. in the district of Patna. As per the allegation, although the informant was allowed 'Grih Pravesh', the deed was never executed in her favour and upon demand of return of money, cheques were issued but when one of them was presented, it bounced as the Bank was informed for stopping of any payment. Accordingly, the case came to be instituted.

Taking into account the allegation that has come in the FIR, this Court is not inclined to grant them relief of anticipatory bail which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T