Madhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51256 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- DANAPUR District- Patna ====================================================== MADHU KUMARI WIFE OF NAVIN KUMAR RESIDENT OF VILLAGEMADHU HERITAGE, VIJAY SINGH YADAV PATH, SAGUNA KHAGAUL ROAD, DANAPUR, PS - DANAPUR, DISTT. - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

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

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420 and 406/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases.

4. The informant alleges that he had entered into an agreement for purchase of 1500 sq. ft. of land with Arrowtech Infrahome and as per agreement he had made payment of Rs.20,17,750/- along with registration fee in the bank account of the company maintained with ICICI Bank. He further alleges that the Director of the company i.e. the petitioner and her husband after receiving full payment of the land promised to register the land but even after receipt of entire amount they are adopting lackadaisical

Patna High Court CR. MISC. No.51256 of 2023(2) dt.18-08-2023 2/3 approach in registering the land. He further alleges that despite fixing several dates for registration, still the same was not done.

5. Learned counsel for the petitioner very fairly submits that petitioner does not dispute that an amount of Rs.20,17,750/- was credited in the account of the company. It is further submitted that it may be noted that it is not that the company does not intend to register the land but then the company had entered into an agreement with one Sudhir Singh for providing the land and the land for which the informant had entered into an agreement is the same land for which the company had entered into an agreement with Sudhir Singh and he despite receiving an amount of Rs.1,04,41,000/- from the company has not provided the land as such the land could not be transferred to the petitioner. It is next submitted that petitioner will refund the entire amount of Rs.20,17,750/- to the informant which was deposited in the account of the company within a period of four months from today. It is also submitted that petitioner before surrendering shall deposit an amount of Rs.5 lakhs in the account of the informant.

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

7. 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 provisional anticipatory bail

Patna High Court CR. MISC. No.51256 of 2023(2) dt.18-08-2023 3/3 on furnishing bail bonds of Rs.5,000/- (Rupees Five 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. 643 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, if the petitioner does not deposit an amount of Rs.5 lakhs in the account of the informant on the date of surrender, the present order granting provisional anticipatory bail to the petitioner shall not be given effect to.

9. However, if the petitioner by 18.12.2023 does not submit the proof indicating deposit of Rs.15,17,750/- in the account of the informant in that event the learned trial court shall be at liberty to cancel the provisional anticipatory bail of the petitioner after recording reasons.

10. However, if the petitioner submits proof of depositing Rs.15,17,750/- in that event, the provisional anticipatory bail granted to the petitioner shall be confirmed on the same terms and conditions. (Satyavrat Verma, J) Kundan/- U T