Patna High CourtCR. MISC./58155/2023bail granted

Renu Devi v. The State Of Bihar

2024-02-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58155 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

RENU DEVI WIFE OF RAVINDRA SINGH VILLAGE DADOPUR, P.S BIKRAM, DISTRICT PATNA 2.

RAVINDRA SINGH SON OF LATE SARYUG SINGH VILLAGE DADOPUR, P.S BIKRAM, DISTRICT PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

RAJU YADAV SON OF SHRI BHAGWAN YADAV VILLAGE DADOPUR, P.S BIKRAM, DISTRICT PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 45(C) of 2022, disclosing offences under Sections 341/323/420/406/467/468/120-B of the Indian Penal Code.

3. The prosecution case, as per the complaint case, is that the petitioner no. 1 entered into an agreement for sale with the complainant-opposite party no. 2, in which the petitioner no. 2 is identifier, who is husband of the petitioner no. 1. As per agreement, 03 Katha of land was

Patna High Court CR. MISC. No.58155 of 2023(4) dt.27-02-2024 2/3 to be transferred in favour of the opposite party no. 2 by the petitioner no. 1 for a total consideration amount of Rs. 4,00,000/-, out of which, Rs. 75,000/- was paid to the petitioners by way of advance. It has further been alleged that subsequently the complainant-opposite party no. 2 came to know that the documents of the land, in question, was not proper.

4. Learned Counsel for the petitioners submits that the petitioners are ready to refund the advance amount to the opposite party no. 2 in three installments.

5. Learned counsel for the opposite party no. 2 submits that out of Rs. 75,000/-, Rs. 24,500/- has already been paid by the petitioners and the balance amount, which remains to be paid, is Rs. 50,500/-.

6. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are ready to refund the balance amount to the opposite party no. 2 in installments, I am inclined to grant the petitioners privilege of anticipatory bail, subject to the condition that at the time of surrender, the petitioners shall pay Rs. 20,000/- and the remaining amount shall be paid in two monthly installments.

Patna High Court CR. MISC. No.58155 of 2023(4) dt.27-02-2024 3/3

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, Patna, in connection with Complaint Case Case No. 45(C) of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T