Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53807 of 2023 Arising Out of PS. Case No.-394 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Pramila Devi, Wife of Nakharu Ram, Resident of Village-Mubarakpur, P.S.- Mohaniya, District-Kiamur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Adv Mr. Satyendra Pd. Singh, Adv.

Mrs. Alka Singh, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Mohaniya P.S. Case No. 394 of 2021 dated 07.09.2021 registered for the offences punishable under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is a lady having fair and clean antecedent and the alleged offences of the FIR are not made out against her as the alleged land, which is stated to have been sold to the informant, was legally purchased by her, in fact she purchased 29 decimal of land, and thereafter sold 14.5 decimal and 4 decimal of the said land in two different transactions to two different persons namely Pyari Devi and

Patna High Court CR. MISC. No.53807 of 2023(2) dt.23-08-2023 2/2 Santosh Kumar and her unsold land remaining 10.5 decimal was sold to the informant and accordingly there was no fraud or cheating committed by her. It is further submitted that there is no question of her title on the land in question.

4. Learned APP for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the nature of allegation and also the facts that the petitioner is a lady having fair and clean antecedent and the land in question which was sold by her to the informant is a part of the land which was under her title, in my opinion in the present circumstances, the petitioner is entitled to be released on anticipatory bail. Accordingly, let the petitioner named-above, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the Court concerned in connection with Mohaniya P.S. Case No. 394 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) annu/- U