Smt. Sanyukta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58549 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Smt. Sanyukta Devi W/o- Brij Nandan Singh Resident of VillageBhagwatpur, P.O. Jalpura, P.S. Chandi ,District- Bhojpur at Present C- 36 Police Colony, Anisabad, P.S. Gardanibagh, District-Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anamika Kumari D/o- Ram Awadhesh Singh R/o- W.No-6, MohallaKuraich Ps- Sasaram Dist- Rohtas, P/A- Bhagwat Nagar Kumhrar Ps- Agam Kuan Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant For the State :
Mr. Shailendra Kumar Singh For the Complainant :
Mr. Patanjali Rishi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the Complainant appeared through virtual mode.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 420, 120(B)/34 of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioner is that while having full knowledge of the controversy surrounding the land, she had executed sale deed in favour of the complainant and thus has cheated the complainant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.58549 of 2024(3) dt.19-11-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner had executed a sale deed in favour of one Ramesh Kumar, who filed a complaint bearing Patna Complaint Case No. 205 of 2023 against the petitioner and the petitioner has been granted anticipatory bail in the afore-said complaint case by a Co-ordinate Bench of this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 59203 of 2024. He further submits that it is purely a civil dispute between the parties. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State and learned counsel for the complainant opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case as well as the nature of the offence and the fact that the petitioner has been granted anticipatory bail in another complaint case by a co-ordinate Bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of
Patna High Court CR. MISC. No.58549 of 2024(3) dt.19-11-2024 3/3 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 206(C) of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to further condition that the petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Court below.
(Anjani Kumar Sharan, J) anand/- U T