Uma Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58526 of 2024 Arising Out of PS. Case No.-5645 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Uma Kumari Wife of Yogeshwar Prasad Singh R/V-Flat No. 402, Vaidhi Niwas, Opposite A.N. College, P.S. -S.K. Puri, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Singh, Adv.
For the Opposite Party/s :
Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 5645 of 2023, instituted for the offence punishable under Section 420 of the Indian Penal Code.
3. The prosecution case, in short, is that the complainant and his wife being acquainted with the petitioner impressed upon him to purchase a flat and the complainant paid Rs. 28,42,000/- for the same but the petitioner did not give possession of the flat to them and sold the flat to another person in the year 2016. The petitioner denies the payment as alleged by the complainant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.58526 of 2024(2) dt.09-08-2024 2/3 petitioner is innocent and she has been falsely implicated in this case. It is submitted that the petitioner has neither executed any agreement or any papers in favour of the informant nor any money has been transferred to her A/c for any purpose. It is submitted that the petitioner never happens to be Director of Arvina Construction Pvt. Ltd. as alleged by the informant. It is submitted that the said company is a registered company. Vide Annexure-P2, it appears that the petitioner is not one of the Directors of the company. From Page-37 of Annexure-P2, it appears that the name of the Directors are Sanjay Kumar Singh and Ram Shohawan Roy. It is submitted that co-accused Satyam Kumar Sharma has been granted bail vide order dated 26.06.2024 passed in Criminal Misc. No. 35975 of 2024 by this Court. Lastly, it has been submitted that she has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 5645 of 2023, she shall be released on anticipatory bail upon
Patna High Court CR. MISC. No.58526 of 2024(2) dt.09-08-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T