Patna High CourtCR. MISC./19118/2015rejected

Umrawati Devi v. State Of Bihar And ANR

2015-07-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19118 of 2015 (4) dt.06-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19118 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Umrawati Devi, W/O Harihar Tiwari, R/o vilage- Ruppur, P.S.- Bhabua, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Punam Devi W/o Algu Prasad, R/o vill- Rudrawar Kala, P.S.- Sonhan, Distt- Kaimur at present mohalla- Ward no.25, Bhabhua, P.O. and P.S.- Bhabhua, SDistt- Kaimur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 06.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends her arrest in connection with Complaint case no. 36/2014 in which cognizance for the offences punishable under sections 420 and 120B of the Indian Penal Code has been taken.

The accusation against the petitioner is that she had already sold entire area of plot no. 13 to different persons but subsequently, she executed an agreement for sale in favour of the complainant taking Rs 4, 50000/- as advance money.

Learned counsel for the petitioner submits that the petitioner is a mentally retarded lady and, as a matter of fact, taking advantage of mental health of the petitioner, complainant and his associates got

Patna High Court Cr.Misc. No.19118 of 2015 (4) dt.06-07-2015 executed agreement for sale and, as a matter of fact, not a single pie has been paid to the petitioner.

Regard being had to the facts and circumstances as well as submissions of the parties, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner and accordingly, her prayer for anticipatory bail in connection with the above stated Complaint case no. 36/2014 pending in the court of Sri Ajit Kumar Singh, Judicial Magistrate, Ist Class, Bhabua/concerned court stands rejected.

shahid (Hemant Kumar Srivastava,J) U T