Chandri Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30571 of 2016 Arising Out of PS.Case No. -893 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Chandri Devi W/o Late Rampravesh Gupta R/o Baidarabad, P.S. Arwal, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Prawesh Sao S/o Late Saligram Sao R/o Dharhara Pali P.S. Paliganj, district- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2017 Heard both sides.

The petitioner apprehends her arrest in Complaint case No. 893 (c) of 2013 under Section 504, 323, 420, 406 of the Indian Penal Code.

The complainant alleged that petitioner executed a deed of agreement to sale on 10.12.2012 after receiving Rs. four lacs. The petitioner agreed to execute the sale deed within six months from the date of agreement to sale but she did not execute the sale deed. When the complainant went to enquire the petitioner and others are said to have assaulted the complainant and snatched money from the possession of complainant.

The learned counsel for the petitioner submits that the deed on which the agreement to sale was executed appears to have been issued much later from the date of execution of deed of agreement to sale and this fact itself shows that the deed of

Patna High Court Cr.Misc. No.30571 of 2016 (4) dt.09-01-2017 2/2 agreement is pre dated and forged one.

On the other hand, the learned counsel for the complainant as well as the learned Additional Public Prosecutor vehemently opposed the prayer for anticipatory bail. It appears that the complainant alleged that petitioner did not perform her part in pursuance of an agreement to sale a piece of land. This fact itself shows that there is civil dispute between the parties on account of non execution of sale deed on the part of petitioner.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Thakur, learned Judicial Magistrate, 1st class, Danapur, Patna in Complaint Case No. 893 (c) of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T