Asha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56007 of 2024 Arising Out of PS. Case No.-2286 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Asha Kumari W/O Upendra Prasad R/O Village- Gaur Bigha, P.S- Bodh Gaya, Dist.- Gaya (BIHAR).
... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Vijay Kumar S/O Late Heera Lal R/O Mohalla- Janakpur, P.S- Muffasil, Distt.- Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal For the Opposite Party/s :
Mr. Arbind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024
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 offence punishable under Sections 420 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the complainant alleges that the husband of the petitioner took an amount of Rs. 7 lacs based on an agreement for sale but the sale deed was not executed.
4. The learned counsel submits that petitioner has been implicated in the instant case being wife of Upendra
Patna High Court CR. MISC. No.56007 of 2024(2) dt.05-09-2024 2/2 Prasad. It is next submitted that husband of the petitioner has been granted the privilege of regular bail by the learned District court in B.P. No.1958/2024 with a condition that he will return the amount taken from the complainant in 3 monthly installments. It is next submitted that since the husband of petitioner has been granted regular bail as such no useful purpose would be served by sending the petitioner to jail.
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 his 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 trial court where the case is pending/successor court in connection with Complaint Case No.2286/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T