Anwari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49026 of 2022 Arising Out of PS. Case No.-707 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== ANWARI KHATOON W/o Late Md. Hasim Resident of Village - Ward no.33, Power House Chowk, Presently resident of Kargahiya paschim Ward no.15, P.s.- Bettiah, Distt.- West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Manish Kumar, Son of Anirudh Prasad, Resident of Village Ward No.33, Gulab Bagh Power House Road, P.S. Town Bettiah, District West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Umesh Kumar Gupta, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Arbind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard both sides.

The petitioner apprehends her arrest in connection with Bettiah City P.S. Case No.707 of 2021, registered for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code.

The petitioner and other co-accused persons are said to have taken Rs.20,00,000/- from the informant. When the informant demanded his money, the accused persons took one year time and said that they will sale their house to him and Rs.20,00,000/- will be treated as advance of the house. After one

Patna High Court CR. MISC. No.49026 of 2022(3) dt.27-02-2023 2/3 year, the accused persons neither returned the money nor sold the house to the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the allegation against the petitioner is not specific. It is submitted that some forgery has been committed in the Mahadanama. It is also submitted that the dispute between the parties is civil in nature.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner and submits that informant has paid Rs.22,00,000/- to the petitioner, but she is not ready to execute the sale deed.

Taking into consideration the fact that the dispute between the parties is civil in nature, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah

Patna High Court CR. MISC. No.49026 of 2022(3) dt.27-02-2023 3/3 in connection with Bettiah City P.S. Case No.707 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T